Análisis jurídico del artículo 57 de la Ley de Minería (sanciones); correlación con la seguridad jurídica y el principio de proporcionalidad.

Abstract

In this titling work, article 57 of the Mining Law is analyzed with respect to the administrative sanctions that are established in this regulation, with respect to illegal mining, the environmental damage it produces, the correlation of application of said sanctions with the principle of proportionality to the different types of existing mining; Concepts related to referential research in the mining field are denoted, comparing current laws with other nations that present environmental control, sanction and mediation policies that could be considered in Ecuador. The constitution of Ecuador emanates among its principles the proportionality that from the point of view between artisanal and large-scale mining, establishes its guidelines to comply with, in the context of the Mining Law when applying its articles with reference to sanctions, no distinction is seen, determining the same sanctions for all types of mining carried out, provided that it is carried out illegally. Determining the type of research carried out, the importance of reforms in the mining law in Ecuador is analyzed, focusing as a strong point on the environment, since illegal mining both on a small and large scale produce polluting effects, and the sanctions that are applied today they go hand in hand with the power of those who exercise illegal mining, in almost all cases artisanal miners are more punished than other types of existing mining.