Marco jurídico de las sanciones penales, contaminación de recursos hídricos en Ecuador.

Abstract

In Ecuador, wáter is recognized as a strategic, inalienable, and imprescriptible national heritage, regulated by robust constitutional and legal frameworks. The 2008 Constitution establishes the human right to water (Art. 12) and mandates the State to ensure its conservation and comprehensive management (Art. 411). The Organic Environmental Code reinforced these principles by incorporating collective environmental rights and state responsibilities to preserve water resources. The Organic Law on Water Resources, Uses, and Exploitation of Water represents a comprehensive legal framework that promotes sustainable and equitable water management, prohibiting its privatization and establishing progressive sanctions for violations related to pollution or overexploitation. This legal framework is complemented by executive decrees that define institutional responsibilities, technical regulations, and mechanisms for citizen participation. Additionally, there is an administrative, criminal, and civil sanctioning regime designed to deter harmful conduct against water resources. Regulations such as the Penal Code and the Organic Comprehensive Penal Code classify crimes against water, imposing prison sentences and environmental restitution obligations. Coordination among environmental, health, and judicial authorities ensures effective protection of the right to water and a healthy environment, safeguarding public health and ecological integrity. This regulatory framework reflects a technical-legal approach based on principles of legality, proportionality, and environmental responsibility, which are fundamental for sustainable water management and the protection of collective rights in Ecuador.