ANÁLISIS DE LA IMPRESCRIPTIBILIDAD DE LA ACCIÓN Y LA PENA EN DAÑOS AMBIENTALES DESDE EL PRINCIPIO DE PROPORCIONALIDAD

Abstract

This research work analyzes the imprescriptibility of the action and the penalty in environmental damages from the principle of proportionality, it executes the study of the absence of limitation in the exercise of criminal actions in relation to environmental crimes stipulated in the ordinance Ecuadorian legal system, identifies the factors that underlie the need to declare imprescriptibility of these, considering the value that nature has as a subject of rights. In this sense, it expressly expresses the relevance and connotation that this emanates in the legal system and the caution with which the rules must be applied in the event of any violation or violation that threatens or affects its protected legal asset, environment establishes sanctions proportional to the damage done. The methodology applied for the present study is of a qualitative nature with a descriptive type of research, the applied methods are analytical-synthetic, and the research design is non-experimental and that no manipulation of variables or essential elements is carried out. this.