La potestad sancionadora de la normativa de protección ambiental, un estudio crítico en Ecuador.

Abstract

One of the main reasons for environmental protection is located in the seventh chapter of the Constitution of the Republic of Ecuador of 2008, where natural rights are recognized in articles 71, 72, 73 and 74. Among the study purposes of this research in which a critical analysis is made of the sanctioning power of environmental protection regulations, because in recent years, the legal system of Ecuador has incorporated a series of environmental crimes, nature was recognized as a procedural subject, The issuance of special technical regulations was promoted and, with the issuance of the Organic Environmental Code, published in the Official Registry Supplement No. 983, which acts as an organic law, established specific environmental infractions. Part of this advance, although still in the process of development, gave the operators of an activity a legal position in relation to environmental protection. In other words, they were assigned responsibilities that have currently been categorized into three types: administrative responsibility; criminal liability and civil liability. In light of the above, it is of general interest to establish the criteria under which each type of responsibility must be applied and what is the scope of said application. In this same order of ideas, the application of the sanctioning power of animal protection (Urban Fauna) in Riobamba, Guayaquil and Cuenca is studied comparatively.