Sanción pecuniaria excesiva que se le aplica a la minería ilegal de producción artesanal, contradiciendo el principio de proporcionalidad

The present legal research work entitled "EXCESSIVE PECUNIARY SANCTION APPLICABLE TO THE ILLEGAL MINES OF ARTISAN PRODUCTION, CONTRADICING THE PRINCIPLE OF PROPORTIONALITY" has been developed in the legal field of public law, specifically in the shortcomings that exist in the Law of Mining, with regard to the Mining Regulation and Control Agency, which is now clearly established, that there is a violation of the people who carry out illegal mining in artisanal production, that people do not have the necessary resources to be able to pay these excessive fines. Within this thesis the general objective was to carry out a doctrinal and legal conceptual study of the proportion of the pecuniary penalty applied to mining in artisanal production, and those that did it: to determine that the excessive sanction imposed to produce damages in the family nucleus as an asocial problem when dealing with people of low resources, and demonstrate that what is established in art. 56 of the mining law violates the constitutional principle of proportionality, in the same way the developer a legal reform project to the mining law to establish the regulation of control measures between equal sanction of the Mining Regulation and Control Agency, the penalty and the percentage of extraction in artisanal mining. 5 The following hypothesis was proposed. The monetary penalty imposed by the Mining Regulation and Control Agency on the offenders of illegal mining in artisanal production harms its heritage due to lack of economic resources that do not cover the payment of the excessive fine, for which methods, techniques of interview and interviews all this helped me to formulate the proposal of reform of the fines issued by the Mining Regulation and Control Agency for what allows me to develop a table that serves so that control can be carried out that respects the principle of proportionality and This does not violate the right of citizens to carry out a daily livelihood to their homes, without having to pay excessive fines, which is why it considers necessary the creation, modification and application of this reform of the proposal.

• Príomhchruthaitheoir: Castillo Hurtado, Jimmy Javier (author)
• Formáid: bachelorThesis
• Teanga: spa
• Foilsithe / Cruthaithe: 2018
• Ábhair: DERECHO; SANCIÓN; PECUNARIA; MINERÍA
• Rochtain ar líne: http://dspace.unl.edu.ec/jspui/handle/123456789/21175