La falta de proporcionalidad de las multas en el Código Orgánico Ambiental.

Abstract

The protection of the environment and the right to live in a healthy environment has become a fundamental principle for all human beings. Ecuador’s Constitution recognizes nature as a subject of rights, which implies protection, guarantees and respect. In addition, The Organic Environmental Code and Ecuador Constitution establish measures to protect nature, such as the imposition of fines and sanctions to ensure the offender who caused an environmental impact takes responsibility for the damage and restores completely the affected natural resources. The purpose of this thesis is the study and analyses of the lack of proportionality in the fines establish by The Organic Environmental Code and if the competent authority at the time of imposing the fines makes a correct graduation of the sanctions based on the types of infractions, sanctions established in The Code and the income generated by his project. Likewise, it will be analyzed the effectiveness of the sanctioning procedure in The Organic Environmental Code at the time of sanctioning the violators responsible for the environmental damage.