El delito contra la flora y fauna : aplicación de la CITES en Ecuador.

Abstract

The Crime against flora and fauna and the application of CITES in Ecuador focuses on the legal protection of threatened species in Ecuador, especially under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This research highlights the relevance of CITES as an international instrument for the conservation of biodiversity and how itsimplementation in Ecuador is affected by the contradiction between criminal regulations and administrative regulations, therefore, we can verify in the first chapter of this work. which establishes the theoretical framework, addressing the definition of threatened species and the importance of CITES. The different appendices of the convention that categorize species based ontheir degree of threat are discussed. Additionally, environmental criminal law in Ecuador is described, focusing on crimes against flora and fauna, and the elements that constitute such crimes; However, in the second chapter of this thesis we can identify an antinomy between the Comprehensive Organic Penal Code (COIP) and the Regulation for the Application of the Organic Code of the Environment regarding the commercialization of protected species; This research concludes that it is necessary to harmonize these regulations to ensure a coherent and effective application of CITES in Ecuador, thus better protecting endangered species. Recommendations are proposed to improve legislation and its implementation, guaranteeing legal security in the Ecuadorian legal system.