Análisis jurídico sobre la sentencia de casación por el delito de minería ilegal en el caso Podocarpus Zamora Chinchipe

Abstract

The purpose of this degree work is to address the concerns generated around the progress achieved within the Republic of Ecuador as a result of the new State model enshrined in the Ecuadorian Constitution, which is in force since its publication in 2008, through which the recognition of nature as a new subject of rights is generated, a conception that is part of the Neo-Constitutionalism to which our country aims in the future. For its part, the natural ecosystem, making use of the power granted by the Ecuadorian Constitution to act within legal processes, manages to generate in its favor a model sentence, Podocarpus - Zamora Chinchipe, presenting nature as an active part of the process against a human collective who, through typical, unlawful and guilty conducts, adapt their actions under the crime of illegal mining, typified in article 260 of the Organic Integral Penal Code. It is worth mentioning that this sentence stands out from its peers because it exhausts all the instances established for the resolution of conflicts within our country, reaching up to the cassation appeal, maximum instance within the national legal framework; for this purpose it is the appellant who raises the aforementioned appeal as he shows his disagreement with the decisions invoked by the administrators of justice in lower instances, consequently the appeal is declared inadmissible because it lacks the necessary formalities in addition to confirming the damage caused to the natural ecosystem.