Examinando por Autor "Caldas Sagñay, Diana Elizabeth"
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- ÍtemAcceso AbiertoAnálisis jurídico de la restauración integral del ecosistema, frente al extractivismo minero en el Cantón Cuenca, caso Río Blanco, período 2016 - 2019(Universidad Católica de Cuenca., 2022) Caldas Sagñay, Diana Elizabeth; Dután Narváez, Manuel Leonidas; 0104494513Nature as a subject of rights is part of the so-called new constitutionalism, where the effective protection of the environmental principles of the ecosystem, protected in the legal system, was analyzed. In this scenario, the metallic mining activity has generated environmental damage, which implies the violation of the rights of the ecosystem, as well as those of the communities. Therefore, the present research aimed to analyze the integral restoration of the ecosystem, in the face of mining extractivism in the Cuenca Canton, Rio Blanco case, period 2016- 2019. To achieve the proposed, qualitative approach research was applied, through descriptive-analytical techniques on legal, doctrinal, and technical reports. Among the main results of this research work, it was possible to determine that in the leaching process carried out by metallic mining activities, contamination of water sources occurs, affecting collective rights and nature, therefore, it was determined that public policies should be implemented to ensure effective restoration for the benefit of the ecosystem. The methodologies used in this research process were carried out with a qualitative approach, as it is a social and legal phenomenon. Therefore, the descriptive method was applied in which the background and conceptions of the rights of nature and mining extractivism were developed. On the other hand, with the analytical-exploratory method of the judicial sentence of protection action, doctrine, international instruments, and comparative legislation.