Estudio dogmático y jurídico sobre la responsabilidad objetiva derivada del delito ambiental en la legislacion ecuatoriana

Abstract

Responsibility derived from the Environmental Crime in the Ecuadorian Legislation; This topic is very broad because it covers the environmental damages caused within the Ecuadorian territory and that are recognized in our Constitution of the Republic of Ecuador, as an imprescriptible right to Nature or Pacha Mama, under the principles of: Caution, Protection, Prevention, Participation and Pro Natura, described in our legislation and are sanctioned according to the severity of the impact they cause to the environment; for the irresponsibility and lack of awareness of man, a sanction that will be established according to the infraction and will be processed before the relevant authority. Being able to be processed before an administrative, civil or criminal authority. The purpose of the dogmatic study is to demonstrate that the environmental damage that best suits the investigation carried out is typified in article 251 and 252 of the Organic Integral Criminal Code (2014), where the penalty of freedom is 3 to 5 years, for being crimes against natural resources, such as water and soil, violated rights and demonstrated through technical reports of experts specialized in the field. The obligation to respond for their actions ranges from compensation to a comprehensive restoration of the ecosystem, a provision that exists in article 72 of our Constitution.