Los delitos contra la fauna silvestre y el principio de proporcionalidad de la pena.
The Magna Carta recognizes the right to live in a healthy and ecologically balanced environment, which guarantees good living, Sumak Kawsay, in addition, the environment preservation is declared of public interest; reason for which it recognizes nature as a subject of rights; therefore, the state ha...
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| Formaat: | bachelorThesis |
| Taal: | spa |
| Gepubliceerd in: |
2022
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| Onderwerpen: | |
| Online toegang: | http://dspace.unach.edu.ec/handle/51000/8852 |
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Voeg label toe | Samenvatting: | The Magna Carta recognizes the right to live in a healthy and ecologically balanced environment, which guarantees good living, Sumak Kawsay, in addition, the environment preservation is declared of public interest; reason for which it recognizes nature as a subject of rights; therefore, the state has the power to legally protect nature, even more so when there is an attack on wildlife. The Comprehensive Organic Penal Code within crimes against biodiversity, in Article 247 typifies crimes against wild flora and fauna; However, the established criminal type is slight, but not according to the magnitude of the act committed, thus, I consider that the principle of proportionality of the penalty recognized both in the Constitution of the Republic of Ecuador, as well as in the guiding principles of due process. Above-mentioned, it is necessary to create a table where maritime and terrestrial species are distinguished, giving rise to a scale of penalties that is proportional to the magnitude of the act committed. |
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