Afectaciones a derechos y principios constitucionales dentro de los procesos de chatarrización a cargo de los Gobiernos Autónomos Descentralizados.

Abstract

The scrappage of vehicles within the Ecuadorian law is a procedure of a last instance in which after a certain amount of time and having in consideration the status of a vehicle, the administration decides to eliminate it through special devices giving it as a result the reduction of pollution and bettering road safety. Inside the legal procedure there is a fundamental problem: the long waits to getting rid of the automobiles generates an undesired over accumulation of vehicles that damages the right of the citizens to live in a healthy environment and the right and principle of decentralization of municipalities that each canton possesses. Therefore, the present academic article makes a legal analysis of this matter and proposes solutions for long and short terms, so over population of vehicles can be diminished and avoided in Vehicle Impound Facilities through changing the Organic Law of Land Transit, Transportation and Road Safety and its statute