El derecho al medio ambiente sano, ecológicamente equilibrado, libre de contaminación y armonía con la naturaleza. Análisis del caso: “La Isla” (No. 0047-09-IS). Acción de incumplimiento de la Corte Constitucional del Ecuador

Abstract

The work aims to carry out a critical analysis of the action of non-compliance with constitutional judgments and rulings, concerning the recognition and protection of the rights of Nature, since the validity of the Ecuadorian Constitution of 2008. The problems of execution and applicability of constitutional rights recognized to people and nature by the Provincial Court of Justice of Pastaza. Through the casuistry, the problems demonstrated within the protection action No. 042-2009, in which they ordered eviction of the pig farm for being located in an unviable place and for being a source of contamination for a water artery of the Mera area. Then, through the qualitative method, the legal analysis of the action for noncompliance with judgments and constitutional rulings were carried out, where the substantive discussion focused on determining that the judgment issued by the Provincial Court of Justice of Pastaza is unenforceable. The objective of this work is to determine how the legal regulations should be apply, with the understanding of Nature as a subject of law, as well as the rights of citizens to live in a healthy, ecologically balanced environment; free of contamination and in harmony with the nature. For this reason, the Constitutional Court of Ecuador, in its ruling No. 023-18-SIS-CC, adopted the bio centric perspective, protecting the rights of Nature, as well as ensuring the protection of the rights of people.