Reconocimiento y determinación de los derechos de la naturaleza en la jurisprudencia ecuatoriana desde el año 2008 a 2021

Abstract

Designed with the most updated doctrinal and normative advances in the matter. The criteria of recognition and determination enable me to give the reader a complete and current panorama of the rights of Nature in Ecuadorian jurisprudence. To this end, from a descriptive perspective, Chapter I presents the current state of studies on the rights of Nature (state of the art), and with it, the justifications and explanations of the present project. Then, in Chapter II (conceptual logical framework), the criteria for recognition are developed from the foundations and implications of recognizing Nature as a subject of constitutional rights. In the segment, Chapter III, a collection of constitutional mechanisms for the defense and guarantee of the rights of Nature (legal framework) is presented, which allow establishing the criteria for determination. Finally, in Chapter IV, in the part of the jurisprudence, the heart of this work. The reader will find very relevant criteria on the development of the rights of Nature. Without exhausting all the findings, I would like to cite as examples: the specific ownership of the rights of Nature, animals as subjects of law, the application of constitutional principles such as precaution and in dubio pro natura, the open catalog of the rights of Nature and the applicability of constitutional guarantees