Análisis Jurídico sobre la Vulneración de Derechos de Actividades Mineras en la Ciudad de Zaruma

This scientific article analyzes the problem of illegal mining in the Zaruma canton and its environmental, social and cultural impacts. The research was developed under a qualitative approach, through the articulation of normative, doctrinal and jurisprudential analysis, complemented with the study of emblematic cases. An interview with Dr. Gabriel Ugarte, a jurist expert in constitutional law, was also included, with the aim of deepening the understanding of state responsibility for the omission in the control of illegal extractive activities. The findings show that illegal mining in Zaruma's heritage zones is a structural crisis of the State, characterized by a lack of effective oversight, regulatory gaps and institutional weakness. Despite the existence of a regulatory framework in environmental, mining and constitutional matters, its deficient application has resulted in the systematic violation of fundamental rights. The study concludes that it is essential to carry out a comprehensive and protective legal reform that articulates the Mining Law, the Organic Environmental Code and the criminal regime, in accordance with constitutional principles and international human rights standards. Only through coordinated state intervention, effective environmental justice and adequate mechanisms of integral reparation will it be possible to revert the deterioration of rights and guarantee the full validity of the constitutional order.