Causa penal nro. 20130115 por afectación al Río Caloguro parroquia Bella María del cantón Santa Rosa provincia de El Oro

Abstract

The legal technical analysis addresses the contamination that occurs due to alluvial mining activity at the hands of concessions that are near bodies of water such as the Caloguro River since this activity is concentrated in Ecuador in areas such as the Santa Rosa canton, which was mostly affected, resulting in alteration in the aquatic environment, one of the causes of this fact is that the governance of the sector has been a complex and polarized process due to the lack of environmental regulation on the part of Mining licensees by not taking into account the environmental management plans that protect the environment and therefore the maintenance of the aquatic Biota. Likewise, illegal mining and legal mining have been part of the diseases and conflicts in the community, which was determined through the analysis of the resolution of criminal case No. 20130115 against Ing. Gil Quituizaca, owner of the mining environmental concession. "CAROLINA JA" for the crime, causing irreparable damage to wild flora and fauna, which led the residents of the sector to make the respective complaint against said concession, taking into account the evidence, the remediation plan and environmental costs could be determined that must be taken into account for the repair and recovery of bodies of water that have been violated as well as the aquatic biota of the place.