Legal analysis on the prevention of the environment for owners of artisanal mining in the province of El Oro

Abstract

Artisanal mining constitutes an important source of income for a large number of people in Ecuador and particularly in the province of “El Oro”. Mining has had a negative impact on the environment, hence the need to regulate the activity and ensure that these resources can be exploited sustainably in order to protect nature and people's health and not put people at risk. future generations. In this sense, Ecuador, in compliance with the commitments made with the international community and with its constitutional regulations, has implemented, especially in recent years, a set of legal regulations related to artisanal mining, which provides for specific articles aimed at minimizing the environmental impact of mining activity. For this reason, the objective of this study is to critically analyze the regulations in force in Ecuador focused on minimizing the environmental impact of artisanal mining to determine if it is sufficient to solve this problem. For the research, analytical exegetical, analysis, synthesis, inductive and deductive methods were used. The results confirm that, although there is extensive legal regulation in relation to the issue, the effective implementation of said regulations and the development and implementation of public policies that regulate the environmental impact of artisanal mining activity in the country are necessary. so that one can live in a healthy environment, as established by the Constitution.