CARACTERIZACIÓN DE LAS MEDIDAS CAUTELARES CONTEMPLADAS EN LA LEY DE TIERRAS Y DESARROLLO AGRARIO Y EN LA LEY PENAL DEL AMBIENTE.

Abstract

This study focused on the characterization of asegurativas precautionary measures by maintaining the food security of the nation and biodiversity and environmental protection contained in Article 196 Law on Land and Agricultural Development and the autonomous measures contained in the 243 of the same law, conflict of confusion between the two standards. Likewise, the precautionary principle or indubio pro natura analyzed, becoming a characterization the precautionary measures contained in Article 08 and the assurance of the results of judgments embodied in Article 26 of the Criminal Law of the Environment. The same was addressed through the various doctrinal positions in agricultural and environmental issues as well as legal sources on the subject in force in Venezuela. The results reveal that the asegurativas measures Article 196 are informal action of the judge, which in principle does not depend on a main claim, as required by the innominate measures referred to in Article 243 of the same law. It is clarified that the precautionary measures contained in Articles 08 Environmental Criminal Law could be adopted informally or at the request of the Public Ministry, in order to eliminate, stop production of environmental damage, unlike the measures for securing the results of judgments contained in Article 26 of the same law, taught to avoid the risk that the sentence is illusory