Responsabilidad Jurídica del Estado por omisión en la regulación y control de agroquímicos peligrosos en Ecuador.

Abstract

In Ecuador, the intensive use of hazardous agrochemicals has severe consequences for public health and the environment. This issue largely stems from the State’s omission of its regulatory and oversight duties. Empirical evidence and available quantitative data document significant damage to both riverine and terrestrial ecosystems, as well as an increased health risk that disproportionately affects rural populations. This research analyzes the legal responsibility of the Ecuadorian State for such omission. To this end, it evaluates the effectiveness of the current regulatory framework and identifies structural weaknesses within the relevant public institutions. The study is based on a dogmatic-legal analysis, complemented by a review of quantitative data on the socio-environmental impact, in order to establish the causal link between State omission and the resulting harm. It is argued that the lack of effective control, regulation, and sanction constitutes an institutional omission that violates fundamental rights, such as the right to health and to a healthy environment. This violation is directly linked to the constitutional recognition of the Rights of Nature. In this context, analyzing the State’s responsibility for omission is essential not only to redress the harm caused, but also to promote reforms that ensure effective protection of both the population and ecosystems against the risks posed by these substances.