Valoración de la prueba en el procesamiento por delitos de defensa de la naturaleza y el medio ambiente en el nuevo sistema acusatorio oral

Abstract

The problem that arises in the moment in which the judge must assess the evidence acted in processes derived from the defense of nature and the environment, is reason for analysis. There are judicial resolutions that have gone so far as to dictate the deprivation of liberty against people who defend nature, measures that oppose the Constitution itself, which with a high sense of justice, grants rights to Nature and the environment. Neither in Ecuador nor in all Latin America there are courts specialized in this matter, perhaps because of that, the precious right to freedom and defense enshrined in the current Political Constitution become vulnerable; It is transcendental to deal with this issue now that the oral accusatory system, which seeks to deliver to society, fast, effective judicial solutions and strictly adhered to the fundamental principles of the Constitution and the International Treaties to which Ecuador is a signatory, is applicable in our country.