Analysis of the effectiveness of penalties for environmental infractions in the Organic Integral Penal Code.

Abstract

The rights of nature have made significant progress in the social, political and legislative spheres, implying a paradigm shift in environmental laws, which have moved from an approach oriented towards the exploitation of resources to an orientation that prioritizes the protection and restoration of ecosystems. In this framework, the Comprehensive Organic Criminal Code (COIP) of 2014 incorporates specific sanctions for activities that threaten the environment; however, questions persist about the real effectiveness of these sanctions, given the persistence of problems in their practical application and their limited deterrent capacity. This qualitative research examines how challenges in the implementation and effectiveness of penalties affect the impact of environmental regulations in Ecuador.