La responsabilidad penal y ambiental en el delito de tráfico de fauna silvestre en la provincia de francisco de orellana, periodo 2010 – 2020

Abstract

Orellana is one of the provinces with the greatest diversity of wild animals, it has been affected by illegal trade of animals that when extracted from their habitat interfere in proper conservation of ecosystem, causing these wild animals to be in danger of extinction such as: guantas, peccaries, agoutis, agoutis and charapas turtles, therefore, the objective of this research was to propose a reform to the sanctions established in article 247 of the Organic Integral Penal Code (OIPC), so that those who traffic in wildlife are correctly sanctioned. The methodology implemented had a qualitative approach to data collection, using methods, techniques, and instruments such as interviews with authorities at institutions responsible for the care and protection environment, and a review of databases to explore the reality of the current situation. Through this methodology, it was possible to determine that criminal and environmental responsibility for crime of wildlife trafficking in this place has some gaps in laws regarding crimes against wildlife and the environment. It is concluded that the diversity of wild animals in this province has been affected by illegal trade, causing extinction of some species, as laws for various sanctions and sentences applied are not proportional to crime committed, Thus, a reform sanctions established in article 247 from OIPC is proposed with aim increasing sanctions and fines for people who engage in wildlife trafficking, mainly of endangered species, in addition to an increase in time of imprisonment, high fines and prohibition parks from entering national parks.