Análisis de los elementos del delito de Actividad Ilícita Minera

Abstract

Illegal mining in Ecuador has increased significantly in recent years which has led to3 serious problems that affect different legal assets, illegal mining activity and its lack of specification constitute a serious violation of the rights provided by Ecuadorian law and therefore brings a lack of effective judicial protection which nature should enjoy as a subject of rights. The objective of this research is to analyze the crime of illegal mining activity in order to achieve its correct legislation and application. For this purpose, the normativist method was used, since it analyzes and interprets the regulations and legislation regarding this crime, as well as the review of documents that were compiled and allowed us to know the current situation in which we find ourselves and was complemented with interviews with judges, prosecutors and expert lawyers on the subject. From the results obtained in this research it was possible to evidence the existing legal gaps and loopholes that lead to ineffectiveness, in effect the criminal law that regulates the crime of illicit activity of mining resources, as well as the correct application, interpretation and enforcement has not been adequate, affecting legal certainty and the principle of legality.