El principio de proporcionalidad : la reparación integral y su importancia para el medio ambiente.

Abstract

The principle of proportionality holds a position of vital significance within the realm of law. This principle asserts that actions undertaken by the State and public authorities must be suitable and proportionate to the objectives pursued in the environmental field. Its fundamental role lies in balancing the exercise of state power with the preservation of the rights of nature and animals. However, its application extends beyond the protection of fundamental rights, encompassing areas such as comprehensive reparation and the endeavor to maintain nature in its essential state, inclusive of its fauna. Article 247 of the COIP (Criminal Organic Code) is analyzed for its relevance, as well as its limitations, delving into the case of "Mona Estrellita," which is vital to understanding animal rights and the demand for proportionality in response to harm inflicted upon them. The method employed has been qualitative, based on an analytical, reasoned and proactive bibliographic review.