Análisis de reforma al art. 317 del Código Orgánico del Ambiente de conformidad al principio de tipicidad de las sanciones administrativas.

Abstract

The objective: to analyze legally and doctrinally the application of sanctions provided in article 317 of the organic code of the environment. Methodology: The exegetical method was applied to maintain the coherence and consistency of the laws avoiding subjective interpretations, also the approach used was the systematic one characterized by following an organized and methodical process to address the research question, using qualitative tools and bibliographic research and comparative law. Result: Specifically, in the administrative sphere, and unequivocal criterion has been generated considering that everything written must be used to the limit of the extension of what is prescribed in the norm, without there being or foreseeing a need for preliminary analysis in which the weighting is carried out, relating the criminalization and the infraction. Conclusion: Administrative sanctions should not disproportionately affect fundamental rights, they must be balanced with the public interest and the protection of individual rights, while the principle of criminality can only penalize natural or legal persons for behaviors, previously defined and described as crimes, through legal reserve the crimes and their respective sanctions are provided by law, that is, only the legislature has the power to create regulation. The problem arises in the confiscation when it comes to privateforest plantations, violating the right to private property established in the Magna Carta article 321. There is an ambiguity in the application of the sanction related to numeral 2 and 4 of the Organic Code of the Environment, does not specify the time of sanction, northe fine and its violation of the right to private property.