Propuesta de reforma del artículo 260, del código orgánico integral penal “actividad ilícita de recursos mineros” en los casos relacionados con minería artesanal.

After an exhaustive analysis of the fundamental concepts of the mining law, environmental law, comparative law and Ecuadorian criminal law, and their consistency with the Constitution of the Republic of Ecuador, is determined that it is necessary that the legislative reform article 260 of the comprehensive criminal code of Ecuador, same which determines the penalties to be applied in cases where the conduct of the accused has adapted to the offence established in the comprehensive code of criminal , COIP, as "Illicit activity of mineral resources and damage to the environment as aggravating factor", specifically in cases of artisanal mining, to keep this legislation consistent with the provisions of the conventions and international treaties related to respect for human rights and the national legal framework, so that on the pretext of obtaining an effective environmental protection do not end up violating other rights of equal or greater importance for people as the right to a real and efficient justice, the right to work and to improve their quality of life, the right to freedom. At present the Ecuadorian State is seen in the need to apply measures of caution and restraint for activities that could lead to violate the rights of nature; However, in the case of artisanal mining is evidence that there is no use of machinery and technology, only technical simple requiring greater physical effort of people, and it is practiced by individuals, groups or communities, seeking a basic economic sustenance for members of a household, so there is a minimal risk to the environment , which can be avoided, minimized or compensated, risk if all direct and indirect stakeholders awareness regarding their role in this serious socio-environmental and economic problem and seek an alternative that is not restrictive, but rather consider environmentally friendly processes; from this perspective, this research consists of technical analysis, legal and doctrinal, and concluded with a proposal for a reform to article 260 of the COIP was undertaken.

• Autor Principal: García Molina, Germánico Renato (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2017
• Acceso en liña: http://dspace.unl.edu.ec/jspui/handle/123456789/19156