El Derecho Preferente Que La Ley De Minería Otorga A La Empresa Nacional Minera, Para Solicitar Concesiones Mineras, No Garantiza El Principio De Igualdad

This research work entitled "The preferential right that the Mining Law grants to the Empresa Nacional Minera, to request mining concessions, does not guarantee the principle of equality", includes a conceptual, doctrinal and legal study, in addition to comparative legislation and the application of the different methods and techniques, with which it was possible to verify the objectives and contrast the hypothesis. The problem raised in the investigative work is based on the obtaining of mining concessions in Ecuador, and the fact that the law grants a preferential right to a state company, such as the Empresa Nacional Minera, violates the constitutional principle equality, because according to the results obtained, this privilege harms other natural and juridical persons who have invested in the search for deposits and who wish to request a concession; In addition, it has been verified in the field study that this company does not have the experience or sufficient resources, which has led it to commit so many mistakes, violating the rights of the communities and not complying with the established legal provisions, in addition to verifying that instead of generating economic revenues to the State, this company has incurred expenses due to these faults. It should be noted that through the study of comparative law, it was determined that in countries such as Colombia and Chile, the opposite occurs, since their laws establish that the first to submit an application will be the one who has the privilege, as long as they meet the established requirements. . Due to the aforementioned, a reform to the Mining Law is necessary and urgent, in order to guarantee the right to equality, a proposal that has also been supported by legal professionals, mining experts, whom I surveyed and interviewed.

• 第一著者: Pelay Aguilar, Yalitza Analía (author)
• フォーマット: bachelorThesis
• 言語: spa
• 出版事項: 2020
• 主題: DERECHO; LEY DE MINERIA; CONCESIONES MINERAS
• オンライン･アクセス: https://dspace.unl.edu.ec/jspui/handle/123456789/23658