Análisis de la acción penal privada frente a su posible vulneración en la protección de la vida de los animales de la fauna urbana en el ecuador.

Abstract

As part of the state structure, the aim is to guarantee the rights of all the inhabitants of a state; this implies the legal protection of citizens, living beings, and the creatures that are part of the Pachamama (Mother Earth). The Organic Integral Penal Code is the norm that is responsible for sanctioning typical, unlawful, and guilty behaviors that vulnerate the protected legal goods since the Pachamama is a subject of rights and protection. There have been typified behaviors to protect the rights of Mother Earth and its inhabitants, but problems have arisen in protecting the fundamental rights of urban fauna. That is a name given to companion animals whose existence and welfare depend on human beings, as there is a limitation in knowing the infraction, since they are not considered crimes of public criminal action, which increases health and life risks for these animals. As they are unable to speak, they must wait for the prior filing of a lawsuit to initiate the private criminal action process that protects their rights and sanctions the aggressor, since police action is limited in these cases. Althoug it is an ongoing behavior; it is not possible to act ex officio. Unfortunately, the lack of resources and the fear of reprisals contribute to the impunity of these acts.