Los nuevos sujetos de derechos en el constitucionalismo ecuatoriano: la naturaleza como sujeto de derechos en la Constitución de 2008

Abstract

This paper analyzes the recognition that the Ecuadorian Constitution of Montecristi makes to nature as a subject of rights using different scopes including the dogmatic and theoretical constructions. The constituent process of Montecristi including the normative relation and practice leads to a number of challenges that need to be addressed by the iusteory and iusphilosophy in a more dialogic and counterhegemonic framework. To do so, this paper advocate an innovative paradigm that is diverse and not central. This study to understand the fundamental legal concept and primitive term that is subject to rights allow to expand and modify it according to a new normative framework which is the 2008 Constitution. This is because the human being will no longer be at the center of the discussion, but instead the Constitution expands to other subjects that were not previously considered by the iusteory and iusphilosophy including nature. This constitutes a significant change that requires the implementation of a new epistemological paradigm due to the difficulty to understand it.