La zona de El Rincón como bastión de resistencia ante la presión urbanística: una aproximación a su singular régimen jurídico-administrativo de protección

Abstract

This paper is focused on studying the singular administrative legal framework that protects the area of El Rincon, in La Orotava (Tenerife). Protected by a singular law, originated in a popular legislative initiative, El Rincon remains being governed by a Special Development Plan, published in 1997. Even though the Law was initially passed provisionally, until a legal category that allowed the conservation and protection of the joined environmentallandscape and agricultural values was found; this category remains inexistent, meaning that this particular legal framework is still valid. Throughout this paper, this Law and its Special Plan are deeply studied, concluding with a last remark made to the crime against land management and urban planning regulated in article 319.1 of the Penal Code. It is considered especially relevant since it is applied to protected land, due to landscape values taken in consideration by a law, as is the case of El Rincon.