Jurisprudencia y Ciencias Sociales
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Item 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 FernandoThe 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 conservationItem Los derechos de la naturaleza y la aplicación del derecho de restauración en los conflictos ambientales(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Constitucional, 2023-08) Aroca Rivadeneira, Ricardo Paúl; Vayas Castro, Guillermo SantiagoThe present titling work Development Project modality has as general objective: "To legally investigate the application and complexity of the right of restoration in environmental conflicts in cases with emblematic sentences in rights of nature", the same development several topics in the chapter II, inquired about the Right to nature, the Sumak Kawsay where this concept is explained in the different constitutions of South America. To then identify that Nature is a subject of rights, that is, it has all the rights enshrined in the constitutional norm. It was also inquired about environmental restoration that seeks to repair environmental damage. In addition, the state of the art was complemented with topics related to research such as restoration, rehabilitation, remediation, mitigation, topics related to the right to nature, adding both the constitutional regulatory framework and specific regulations. The present work analyzes the right of restoration in environmental conflicts, especially in the two cases with emblematic sentences in rights of nature, for which those selected by the Ombudsman's Office in 2020 were taken as a reference, in which presented a series of complexities due to various factors that were developed in chapter IV, to conclude with chapter V in which both the conclusions and recommendations were developed, thus understanding that the right of restoration in environmental conflicts must establish clear objectives and achievable for environmental restoration, which the judges must understand and understand that nature is one more subject, it must be emphasized that the present investigation sought texts by both Dr. Ramiro Ávila and Ecuadorian authors, comparative and international norms, scientific articles and others.Item El manejo de los residuos electrónicos y el derecho de la reparación integral al ecosistema en el Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Zambrano Delgado, Kimberly Nathaly; Jordán Buenaño, Jeanette ElizabethEnvironmental pollution is a problem of global interest, due to its excessive growth that has been harming the normal development of life on the planet. The present research work aims to carry out an analysis of the environmental impact caused by electronic waste(e-waste) in Ecuador. For this reason, different scientific and legal texts were analyzed on the environmental damage caused by the inappropriate use of electronic devices and the polluting chemical materials they contain, for the environment. Through the study of international judgments and declarations it was found that nature requires more attention in detail as far as comprehensive reparation is concerned. In addition, through citizen surveys and interviews with environmental professionals, it has been found that the procedures and treatments they give to e-waste are not adequate, with the result that, the citizenry considers e-waste as common garbage, while environmental managers adopt alternative treatment processes to fill the regulatory vacuum that exists regarding the management of electronic waste in the country. Despite the existing constitutional support and environmental protection, this is a problem that requires relevant attention and action. Finally, it is emphasized the importance of the State and the Decentralized Autonomous Governments in generating plans, manuals, protocols and sanctions to make viable and implement projects for effective treatment in the recycling of this waste, establishing a dignified and real environmental comprehensive repair, this in accordance with the constitutional and environmental precepts invoked by Ecuadorian norms.Item La reparación integral en sentencias constitucionales y la garantía de los derechos de la naturaleza en el Ecuador(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Ramirez Campos, David Santiago; Vargas Villacrés, Borman RenanThe human species is part of nature and life depends on the uninterrupted functioning of natural systems. Every form of life is unique and deserves to be respected, whatever its usefulness to the human being. The traditional conception of subjects of law, as well as the idea of nature as an entity that is useful to human beings has been modified by the Ecuadorian Constitution of 2008. In this normative body, nature is expressly recognized as a subject of rights and it has been tried to generate a conceptual and substantial change regarding various topics such as the development regime and the inclusion of good living. It is evident that, for the effective fulfillment of the established rights, a situation is required in which there is harmony between human beings and nature, which is precisely what good living seeks. The current Ecuadorian Constitution has established rights in favor of nature, including a constitutional reservation for its creation. By virtue of this, due to ignorance in the administration of justice, rights granted in favor of the pacha mama have been violated, which has required the presentation of various constitutional actions and precautionary measures in order to make effective the enjoyment of these rights. As a result of the absence of specialists in the expert system, the reparation for the damages caused to nature is presumed unfair. In short, Ecuador establishes that nature has the right to have the existence, maintenance and regeneration of its life cycles, structure, functions and evolutionary processes fully respected. Among other aspects, what is established is developed within the present investigation, with the objective of determining the different guarantees of the rights of natureItem La minería ilegal y la vulneración de los derechos de la naturaleza(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2109-11) Ulloa Sánchez, Kerly Estefanía; Espín Sandoval, Luis FernandoThis research project with the theme "ILLEGAL MINING AND THE VULNERATION OF THE RIGHTS OF NATURE" seeks to investigate how illegal mining violates the Rights of Nature; with the application of the qualitative and quantitative methodology which the application of it we can clearly determine what are the causes and effects around the mentioned subject; in addition to examining the regulations that regulate both Mining and the Rights of Nature in our country; This project has great importance because covering the nature of rights is relatively new in Ecuador, it is a responsibility for all of us who are part of it to know and defend these rights in order to set precedents for the fulfillment and application of said rights indicated in our magna letter. When carrying out the research project it is possible to establish different irregularities that arise in relation to the legality of due process by granting permits, environmental records and land concessions to mining companies that are in the different phases of mining in our country; specifically pointing out those found in the Intag sector where these irregularities have been evident, which cause the damage of the rights of nature since in breaching that was agreed regarding permits and registrations, their existence is not fully respected, their existence restoration and regeneration in terms of their life cycles, structure, functions and evolutionary processes. So that, with the results obtained it is clear that the rights of nature are infringed by illegal mining due to it is not a responsible mining and linked by the regulations that regulate it so that nature is totally affected and not only her but also the communities or towns that live in the areas where this activity takes place.