Análisis de la afectación a los derechos de la naturaleza por el incumplimiento del Código Orgánico Ambiental en la explotación de los recursos Naturales no Renovables en el Distrito minero Chinapintza

Abstract

In the present legal research work its exposed the analysis of the impact on the rights of nature due to the breach of the Environmental Organic Code in the exploitation of non-renewable natural resources by miners in the Chinapintza mining district. To this end, firstly, its identifies the theoretical, legal and doctrinal framework on the rights of nature, the Environmental Organic Code, mining regulations and the exploitation of non-renewable natural resources; secondly, are determinated the procedures performed by miners to settle illegally in the territory to determine legal responsibilities, including those of an administrative, civil and criminal nature; and, thirdly, are determinated the rights of nature that are affected by artisanal miners in the referred geographic area. The transcendental conclusion of the study determines that the consequences of non-compliance are translated into the affectation of the rights of nature to the integral respect of its existence and to the maintenance and regeneration of its vital cycles, structure, functions and evolutionary processes, as well as the right to restoration, whose responsibility cannot be sanctioned until mining activities are regularized by the Ecuadorian State.