Reforma legal al artículo 251 del código orgánico integral penal, por contravenir al principio de proporcionalidad entre las infracciones y las sanciones, consagrado en la constitución de la república del Ecuador

The development of this prior to obtaining a law degree revolves around the problems arising from the possession, use or sale of illegal toxic waste, radioactive substances or other similar research. This research aims to conduct a thorough legal, critical and doctrinal analysis, tenure and illegal trade in toxic waste and its impact environmental balance and health of people. Through the development of theoretical and empirical content has been achieved infer that currently, although the State recognizes nature as a somebody and not as something that can explode and destroy, giving him the right to be fully in respect its existence, maintenance and regeneration of its vital cycles, structure, functions and evolutionary processes, the development of secondary legislation is insufficient to protect the environmental legal right, as there are specific rules whose content is meager, I mean, specifically Article 251. A of the Penal Code, where definitions and sanctions in the same offense, as it is completely different ownership and marketing of toxic waste behaviors. Furthermore, the development of research expose what prescribed by international laws and mandatory for the Ecuadorian government as a signatory, specifically make reference to the Rotterdam Convention, which injurious behavior to the environment is prohibited, as is the dispersion toxic agents in the air space. Finally, this work is corroborated by performing a field study based on the problem investigated, to what has been obtained the judgment of a group of professionals in the legal sciences through technical survey and interview, who have expressed their views and opinions regarding the proposed theme, suggesting legal reforms incorporate Article 251 of the Criminal Code.

• 1. autor: Sánchez Cuesta, Patricio Alejandro (author)
• Format: bachelorThesis
• Język: spa
• Wydane: 2015
• Hasła przedmiotowe: DERECHO; DERECHO PENAL; DERECHO CONSTITUCIONAL
• Dostęp online: http://dspace.unl.edu.ec/jspui/handle/123456789/15556