Analysis of the Challenges of Biodiversity Crimes in Ecuador.

Abstract

This research article embarks on an analysis of the challenges that Ecuador faces within the penal system in the protection of biodiversity, exploring the deficiencies in the monitoring of complaints and sanctions established in the Comprehensive Organic Penal Code for crimes against biodiversity. Motivated by the growing proliferation of illicit activities that threaten the ecological integrity of the country, this study evaluates whether the current sanctioning framework fulfills its deterrent purpose and whether the classification of crimes is sufficient. It employs a multidimensional methodology that encompasses bibliographic review, analysis of emblematic cases and a comparative approach with international legislation. The investigation reveals a worrying gap between the standard and its practical application. Statistics on complaints and judicial prosecutions of environmental crimes are alarming, with an overwhelming number of cases filed or dismissed compared to convictions from 2020 to 2023. The findings highlight antinomies and anomies in the Ecuadorian legal and social framework, creating uncertainty and making it difficult to protect ecosystems. The need to classify behaviors that affect biodiversity, such as biopiracy and mistreatment of species in scientific experiments, is also noted. This study seeks to raise awareness about the need to reform the Ecuadorian legal framework and serves as a valuable case study for other megadiverse countries. Underlines the urgency of improving sanctions enforcement and strengthening environmental awareness and cohesion in law enforcement to protect Ecuadorian biodiversity.