AGREGAR A LA LEY DE GESTIÓN AMBIENTAL, A FIN DE INCREMENTAR A LA SOBERANÍA ALIMENTARIA LA POSIBLE EXPROPIACIÓN DE SUELOS PRODUCTIVOS SIN USO O SUBUTILIZADOS

It is very important to the study of the legal structure in our country about expropriation, leaning towards food sovereignty; thus the analysis of the conceptualization of what are goods in general, is the starting point for this research work. Also, due to the conceptualization of public utility, it is defined as everything that is of interest or convenience for the collective good, to the group of individuals who integrate the State, or more broadly for humanity as a whole. Moreover, we cannot ignore what is expropriation, where the State, for the fulfillment of a public purpose, deprives coercion of ownership of a good to the owner, following certain procedure and paying previous compensation in cash, fully fair and unique, which may be the subject of a judicial claim by the owner of the expropriated property. Also, the key principles to the development of research work, such as the principles of legality, proportionality lead to the realization of a complex applied research of expropriation. Expropriation must be routed to unused or underused grounds with the aim of satisfaction of the nutritional needs, i.e., linked to food sovereignty, as due to this, we can guarantee more jobs, greater food production and raw materials and above all more domestic products for human consumption. The expropriation process begins with the declaration of public utility of a building, the administrative act is done by a public entity, usually, at present, the GADs., as in the process of expropriation it establishes that it do not give way to the same without a previous and fair compensation, it is contemplated for the expropriation judgment in our Code of Civil Procedure, but this is only to determine the price or the property valuation, the same occurs en the COGEP. The reform proposal to the Law of Environmental Management of this research work is to add an article after Art. 46 of the mentioned law, which would be the Art. 47, which basically would dispose that only expropriate unused or underused lands for agricultural purposes, thereby for food sovereignty.

• Hlavní autor: BRAVO ORTEGA, DIANA MICHELLE (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2016
• Témata: DERECHO.; LEY DE GESTIÓN AMBIENTAL; SOBERANÍA ALIMENTARIA; EXPROPIACIÓN DE SUELOS PRODUCTIVOS
• On-line přístup: http://dspace.unl.edu.ec/jspui/handle/123456789/11839