LA EXPLOTACIÓN DE LOS RECURSOS NATURALES NO RENOVABLES VULNERA LOS DERECHOS DE LA NATURALEZA ESTABLECIDOS EN LA CONSTITUCIÓN
This legal research work is entitled. "The exploitation of non-renewable natural resources violates the rights of nature established in the Constitution" because the study to Article 71 of the Constitution of the Republic of Ecuador guarantees the right to nature or Pachamama, where life r...
שמור ב:
| מחבר ראשי: | |
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| פורמט: | bachelorThesis |
| שפה: | spa |
| יצא לאור: |
2015
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| נושאים: | |
| גישה מקוונת: | http://dspace.unl.edu.ec/jspui/handle/123456789/10042 |
| תגים: |
הוספת תג
אין תגיות, היה/י הראשונ/ה לתייג את הרשומה!
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הוספת תג | סיכום: | This legal research work is entitled. "The exploitation of non-renewable natural resources violates the rights of nature established in the Constitution" because the study to Article 71 of the Constitution of the Republic of Ecuador guarantees the right to nature or Pachamama, where life reproduced and has the right to be fully respected its existence and the maintenance and regeneration of vital cycles, structure, functions and evolutionary processes. Against this the Art. 407 of the Constitution prohibits extractive activities of non-renewable resources in protected areas and in areas declared as intangibles, including logging. In order to protect the right to nature the Code of Criminal Integral to typed a chapter called "crimes against the environment and nature or Pachamama", and in this chapter we find the fifth section refers to offenses against natural resources not renewable, punishing illegal activity resources imprisonment of five to seven years, and in case of artisanal mining shall be punished with imprisonment of one to three years. Currently they are seen in many families mining site dedicated to the craft uncontrollably and methods of gold ore that pollute the environment, so it becomes necessary to regulate, control and punish illegal extraction. 5 It is necessary for better control by the Sector Ministry to grant mining concessions following the procedure established by law is applied, all this in order to guarantee the right to the nature of living in a healthy environment free of pollution, as well as the right to health of people. In the theoretical, legal and doctrinal gathering, conducting surveys and interviews of this thesis yielded clear and precise criteria foundations, using well known, that contributed to the verification of the objectives and literature of the hypothesis raised in the project; both the Constitution of the Republic of Ecuador, and other environmental and mining laws criminalizing the procedure and procedural principles to be applied mandatorily by the authorities, such as the right to live in a healthy environment without pollution; and the legal exploitation of non-renewable in the activity of artisanal gold mining natural resource. |
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