COMENTARIO A LA DECISIÓN CONTENIDA EN EL PROCESO Nº 01-CPV-2021, RELATIVA A LA DESTRUCCIÓN DE LA MAQUINARIA UTILIZADA EN ACTIVIDADES DE MINERÍA ILEGAL

The paper analyses Process No. 01-CPV-2021, in which the Court of Justice of the Andean Community reaffirmed the validity of Articles 5 and 6 of the Decision 774, thereby operationalizing, at the judicial level, the concern expressed by the Andean Council of Ministers through the Andean Policy against Illegal Mining. The ruling consolidates the application of the prevention principle as a legal basis for measures such as the seizure and destruction of machinery used in illegal mining activities, while reconciling these actions with the protection of property rights. Its relevance is heightened in a context of increasing illegal extractive activities, particularly within the Amazon basin, where such practices not only generate tax evasion and money laundering— undermining public finances—but also cause several damages to ecosystems and biodiversity. In this regard, the decision strengthens regional cooperation and environmental protection as central pillars of the Andean integration process.