The Ecuadorian Constitutional Court is asked to review the constitutionality of the article 78 of the Law of Forestry and Conservation of Natural Areas and Wildlife. This article provides sanctions for all unauthorised activities involving wildlife and forest products other than wood. The opponents of the forestry law stated that this provision was unconstitutional because it applies to both public and private forests, and therefore constitute a form of confiscation, which is forbidden by articles 323 and 329 of the Constitution.

The court considered that article 78 of the Law of Forestry and Conservation of Natural Areas and Wildlife  was in line with the constitution as the opponents did not present any conclusive argument explaining in which way article 78 would infringe articles 323 and 329 with regards to confiscation. Indeed, the court recalled that the definition of “confiscation” is the unwilling transfer of a private property to the states which is not the purpose of article 78 of  the Law of Forestry and Conservation of Natural Areas and Wildlife.