Abstract

ALZURI ESTRADA, Susana. ACTION OF LAW COMPLIANCE IN ENVIRONMENTAL MANAGEMENT OF ECUADOR. Universidad y Sociedad [online]. 2017, vol.9, n.1, pp.196-201. ISSN 2218-3620.

The compliance action in the Environmental Management Law of Ecuador is the title of the research developed in the UMET, Matriz Guayaquil, Ecuador, which aims at addressing the theoretical framework from a brief assessment of the concept of action as a category of process, with the identification Of the essential elements that differentiate the action of compensation from the action of compliance. From the particularization of this last type of action, the following aspects are identified: the type of subjective right whose judicial protection allows its exercise, the elements of active and passive legitimacy, and the characteristics and social mandate of a new type that assumes the judicial function with the institution of compliance action in environmental matters. For this, a study of comparative law and foreign doctrinal assessments is made, in cases, focusing particularly on Ibero-American countries as the technical-legal and socio-legal context. As a conclusion, despite all the elements that differentiate the compliance action existing in other countries from that regulated in Ecuador, This action constitutes an element of participatory democracy, of an inclusive participation in environmental risks management and a mechanism of control of Legality in regards to the environment.

Keywords : Enforcement action; comparative law; subjective law; environmental law.

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