La responsabilidad extracontractual del Estado por el daño ambiental
With the validity of the Constitution of the Republic of Ecuador of 2008, the Ecuadorian State took a significant step forward, by virtue of the birth of constitutional rights and guarantees, granting mainly rights to nature, environment and commitments by the State to through its officials, so that...
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| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado em: |
2019
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| Assuntos: | |
| Acesso em linha: | http://dspace.unach.edu.ec/handle/51000/5745 |
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Adicionar Tag | Resumo: | With the validity of the Constitution of the Republic of Ecuador of 2008, the Ecuadorian State took a significant step forward, by virtue of the birth of constitutional rights and guarantees, granting mainly rights to nature, environment and commitments by the State to through its officials, so that in cases of environmental damage is the one who acts in compliance with the restoration, integral reparation, regeneration, conservation and guarantee the fundamental right that is stipulated in article 14 of the Constitution, linked closely with the Good Living or Sumak Kawsay. In order and that these rights are not left in impunity and are compensated to protect and prevent future environmental damage. When talking about the extra contractual responsibility of the State for environmental damage, it gives us the guideline, that the Ecuadorian State must take responsibility for the mistake, irresponsibility or negligence caused against the environment, through the powers and attributions of public officials who They represent the Ecuadorian State. The purpose of this Research is; to analyze the commitments and responsibilities of the Ecuadorian State against environmental damage according to the supreme constitutional regulations, the study of sentences of both the Inter-American Court of Human Rights and the Constitutional Court of Ecuador, the study of Scientific Articles which will serve us in This work as an accessory of the legal. And finally the study of administrative cases through physical approach and the use of electronic means that have reached the Ministry of the Environment of Santo Domingo de los Tsáchilas Province, where it has been possible to determine the existence of responsibility on the part of officials the Environmental Damage. |
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