Estudio crítico de las normas que se aplican a los delitos que se cometen a la flora y fauna en Galápagos.

Abstract

Crimes against the environment and nature or pacha mama established in the 2014 Comprehensive, species trafficking, capture of prohibited species, among others are increasingly common in our territory, especially in protected areas such as the province of Galapagos, which is legally a special regime and considered for its high biodiversity as a Natural Heritage of Humanity, which is why the state promotes policies to conserve natural heritage, ensuring that the rights of existence, maintenance, regeneration and restoration of nature enshrined in the Magna Carta. Within our legal system, the Comprehensive Penal Code is established as the only norm that allows sanctioning criminal behaviors against nature, article 247 establishes sanctions against wild flora and fauna, however, these are not in accordance with the true impact caused by each act or omission of the offender against wildlife, therefore, the penalties must be tougher according to the categorization of the damage and exclude the exceptionality of typification of this norm cited for the province of Galapagos. Additionally, within the typification, it must be incorporated into the poisoning behavior with its governing verb to poison since this causes affectation to wild species. The reforms to the COIP proposed in this document will prevent damage or affectation of wild species and be a world reference in the conservation of our biodiversity, this will guarantee over time that our generations enjoy a healthy and balanced environment and comply with the good living guaranteed by the Constitution.