El uso de las potestades discrecionales en la aplicación del principio de precaución, una mirada a partir del principio de la necesidad de la prueba del vivir bien.

Abstract

The review article emphasizes as the first instance in detailing in environmental law, the legal power of the state to implement measures and mechanisms of prevention, restoration, correction, inspection and punishment of damage caused to nature; carried out by means of the precautionary law as a reserve for the care and conservation of the legal good by reason of causality in the damage, risk and damage to nature in an irreversible manner that may be caused. In context emphasis is placed on pointing out the purpose, the scope and extent of the prevailing precautionary principle on the right of prevention for the defence and protection of the conservation of the environment and the safeguarding of human rights that are directly affected.

To the defense of the universal collective good that each state sees in the obligation to protect through the different organisms, we add the knowledge and the critical thought of the ancestral cultures of Ecuador and Bolivia with their postures of the Sumak kawasay "live well" and Sumak Qamaña "live well".