Administrative Proportionality in Environmental Infractions in the Ecuadorian Legal System

Abstract

The sanctioning administrative procedure allows the public administration to exercise its public authority of control and sanction in response to conduct or omissions classified as administrative infractions, thereby establishing the principles of typicity and legality. From the perspective of environmental law, the Organic Environmental Code has incorporated various environmental infractions, which are classified according to their impact as minor, serious, or very serious. Each category entails a sanction as a legal consequence of non-compliance. Currently, in cases involving an economic sanction, a mathematical calculation must be carried
out to determine the fine to be imposed by the competent authority, based on the gross income generated by the alleged offender in the previous year. The purpose of this study is to analyze, from both a legal and practical perspective, how the provisions of the current regulations operate and how they affect the principle of proportionality recognized in administrative law, with the aim of proposing legislative alternatives to address the identified legal issue.

Keywords: Administrative law, environmental law, sanctioning administrative procedure, infraction, proportionality