Análisis Jurídico de la Acción de Protección Nro. 21333-2018-00266 y el Principio de Responsabilidad Integral

The objective of this curricular integration work was to analyze protections, the legal framework supporting such actions, as well as the legal guidelines that establish the principle of integral responsibility. Following this, a specific analysis of a practical case was conducted. A descriptive methodology was used, allowing for an examination of whether integral responsibility exists in our country and if this principle is being applied. Additionally, the analysis of its application in the protection No. 21333-2018-00266 was conducted using the deductive method, which allows for the examination of general principles before arriving at specifics in the case under analysis. A qualitative approach was applied, incorporating theoretical documentary collection techniques such as surveys and interviews. These served as the basis for establishing well-founded criteria from experts, including lawyers knowledgeable in environmental matters, as well as judges. Based on the results obtained, important information was gathered on the topic under investigation. The first finding was that environmental cases handled in our country, or at least the most significant ones in terms of environmental precedents, have been led by indigenous groups. The study concluded, after relating the principle of integral responsibility to the protection action of the specific case, that this principle is not fully observed. In the case of the A'I Cofán people of Sinangoe, even after the resources for enforcing the ruling in their favor were exhausted, the Ecuadorian state, through the competent environmental authority, has not been able to enforce the ruling, let alone attempt to remedy the damages caused, as the aforementioned principle suggests.

• Hlavní autor: Rodríguez Caicedo, María Gabriela (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2024
• Témata: DERECHO; ACCION DE PROTECCION; MINERIA; PUEBLOS INDIGENAS
• On-line přístup: https://dspace.unl.edu.ec/jspui/handle/123456789/30821