Eficacia de la remediación ambiental como medida reparadora del COIP en delitos ambientales cometidos por personas jurídicas

Abstract

This research analyzes the effectiveness of environmental remediation measures provided for in the Organic Comprehensive Criminal Code (COIP, by its acronym in Spanish) to guarantee the Rights of Nature against environmental crimes committed by corporate entities in Ecuador. It is grounded in the constitutional recognition of nature as a subject of rights under the 2008 Constitution and the obligation to restore ecosystems affected by unlawful conduct. Within this framework, environmental remediation is an essential mechanism for achieving comprehensive reparation and promoting the effective recovery of the natural environment. Nonetheless, the study demonstrates that, despite the existing regulatory development framework, limitations persist that diminish its efficacy. Regulatory gaps regarding the content and scope of remediation are identified, alongside institutional weakness in compliance monitoring, limited coordination among authorities, and a tendency to prioritize traditional sanctions over restorative solutions. These difficulties compound when corporate entities are involved, due to their organizational complexity, financial capacity, and obstacles in determining internal resonsibilities. To address this, legal and operational guidelines are proposed to strengthen the environmental criminal justice response. Key proposals include incorporating mandatory remediation plans into convictions, judicial supervision, specific obligations for corporate entities, technical monitoring, and preventative measures such as environmental compliance programs. In conclusion, environmental remediation currently has limited efficacy; however, through regulatory reforms and adequate oversight mechanisms, it can be consolidated as an effective tool to guarantee the rights of nature and comprehensively address corporate environmental crime in Ecuador. Furthermore, it provides useful criteria for future legal reforms and specialized judicial decisions.