Aplicabilidad del principio precautorio para proyectos que emiten efluentes dentro del régimen especial de la provincia de Galápagos.

Abstract

The precautionary principle in the special regime of Galapagos has been used on a recurring basis to prevent, mitigate, remedy or compensate environmental impacts or irreversible damage to the environment, this has been a tool that allows guaranteeing that the rights of nature are not violated and that the repair of the environment and its coastal marine natural resources is effective, however it is necessary to refine the mechanisms and procedures to follow for its applicability, in the present work the environmental and legal considerations that will allow the application of the precautionary principle for activities or projects are reviewed that are potentially contaminating the bay areas, rocky and sandy beaches existing in the populated areas of the Galapagos Islands, in this specific case due to the discharge of effluents from the sewage system into the marine environment, for this reason, an analysis of the situation has been carried out current regulation and its scope, it is concluded that the precautionary principle enshrined in the Constitution allows us to consider that the conditions of species richness and genetic biodiversity are essential for the immediate application of this principle and to penalize offenders administratively and civilly, as well as to proceed with the claim of violation of the rights of nature, however in criminal matters the precautionary principle is not compatible with the current legal framework, for this reason it is necessary to proceed with a legislative reform to criminalize crimes that endanger the environment and its natural resources.