Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.DERECHOS COLECTIVOS

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    La responsabilidad del estado por afectación de la Naturaleza: caso minería ilegal de la Provincia de Napo
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Galarza Mullo, Marco Alexander; Saca Balladares, Melinton Fernando
    The case of the State's responsibility for the affectation of nature due to illegal mining in the province of Napo, Ecuador, highlights the legal and environmental challenges that arise when economic interests collide with environmental conservation. Napo, a region rich in biodiversity and natural resources, has been affected by illegal mining, which has caused environmental damage such as mercury contamination of rivers and deforestation of forested areas. The main discussion revolves around the responsibility of the Ecuadorian State in the protection and preservation of the environment. It is questioned whether existing policies and regulations have been adequate to prevent and control illegal mining, especially in vulnerable areas. Lack of effective law enforcement and insufficient regulation have allowed these illegal activities to persist, exacerbating the negative impacts on the natural environment and local communities that depend on it. The case underscores the need for the State to assume responsibility for environmental damage caused by third party activities. It emphasizes the importance of strengthening monitoring and control systems, as well as improving institutional capacities to ensure effective compliance with environmental regulations. The implementation of remediation and compensation measures is proposed to mitigate environmental impacts and restore the ecological balance in the affected areas. Thus, according to a qualitative approach methodology, through the search for information and jurisprudence related to the case studies, it was determined that in Napo the importance of public participation and the crucial role of environmental organizations and local communities in the surveillance and protection of natural resources stand out. Civil society plays a fundamental role in denouncing illegal activities and promoting sustainable practices that harmonize economic development with environmental conservation
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    Responsabilidad de las multinacionales petroleras y los derechos colectivos de pueblos y nacionalidades indígenas
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Chasiluisa Capuz, Gabriela Estefania; Saca Balladares, Melinton Fernando
    The general objective of the study is to investigate the contractual responsibility of multinational oil companies and the violation of the collective rights of indigenous people and nationalities during the last five years. The methodology selected was the mixed approach, the type of research is exploratory, the explanatory level, applying the inductive and deductive methods. The techniques applied are the survey directed to 382 inhabitants of the provinces of Napo and Sucumbíos; and the interview applied to legal professionals, leaders of social, ecological and indigenous collectives also representatives of international NGOs. In spite of the fact that the constitution guarantees the collective rights for indigenous people and nationalities; the results of the investigation show the violation of these rights by oil multinationals, whose contamination effects on the original territories of Ecuador and South American countries are irreversible. It is important to point out that the United Nations Declaration on the Rights of Indigenous People, OIT Convention 169 on Indigenous and Tribal People and the Constitution of the Republic of Ecuador address collective rights and guarantee their fulfillment. Finally, the State's obligation to adopt measures that guarantee the rights of indigenous people and nationalities arises through the implementation of international environmental regulations that support the rights of nature and the environmental responsibility of multinational oil companies with respect to human rights.
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    Derecho a la consulta pre-legislativa en el estado ecuatoriano y los derechos colectivos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Galarza Baicilla, Katherine Jeannine; Espin Meléndez, María Cristina
    The present research project about the Pre-Legislative Consultation in the Ecuadorian State and Collective Rights, and how to influence the adoption of legislative measures in state agencies, and those responsible for the alleged vulnerabilities related to Human Rights. In Ecuador, the Pre-Legislative Consultation has been held since antiquity, it is emphasizing the execution of a work in the indigenous communities in remote times the participation of these peoples is guaranteed, communicating loudly to the ancestral peoples about said execution, with In order to protect their rights and integrate them into working groups, guaranteeing their own participation of indigenous peoples. It is necessary to take into account several rights on collective rights in Ecuador, the influence on the decision making of the states in Ecuador and the lack of knowledge about the procedure of the Pre-Legislative Consultation.
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    Los derechos colectivos en la justicia indigena y la justicia ordinaria
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Casicana Toroshina, Franklin Isaias; Vargas Villacres, Borman Renan
    The collective rights of the communes, peoples and indigenous nationalities of the Ecuadorian state are guaranteed in article 57 of the Constitution of the Republic of Ecuador, one of these rights, such as the exercise of one's own authority in the territories legally recognized by the The law is effective with the application of indigenous justice as determined in Article 171 of the Ecuadorian Constitution, despite that the authorities of the ordinary justice system do not allow the full and effective enjoyment of such right and guarantee that is not only recognized to national level if not internationally through the international treaties and conventions, this occurs because there is no law to coordinate and cooperate between the two systems of justice to avoid the violation of collective rights, its existence being essential, more than that and despite the fact that the two justice systems have the character of If there is no superior or inferior among them, there are laws that subordinate the indigenous justice system to the ordinary justice system, which is why the corresponding reforms are necessary. This investigation intends and is focused on carrying out the reform of Article 161 of the integral Ecuadorian criminal organic code, with the purpose of guaranteeing the full exercise of the collective right to exercise its own authority in the communes of indigenous peoples and nationalities of Ecuador.