Habeas Corpus como garantía jurisdiccional de los animales silvestres: aplicación de la sentencia No. 253-20-JH/22 del caso Mona Estrellita en el caso No. 15241-2022-00006 Perezoso Cuqui Brown

Abstract

The recent change of perspective from the anthropocentrism to the biocentrism has caused the recognition of animals as subjects of rights. This implied the development of its recognition, as well as the possibility of those rights to be justiciable through jurisdictional guarantees such as habeas corpus. Thus, this paper seeks to analyze how the ratio decidendi, contained in the Constitutional Court ruling for "Mona Estrellita" case, has been applied. This is specifically analized on the case 15241-2022-00006 that shares relevant characteristics with the here by described ruling. The proposed case study used an analytical-descriptive approach and design. As a conclusion, through a documentary and jurisprudential review, it was possible to determine that the arguments of the intervening parties were not correctly presented, since there are still remnants of an anthropocentric and utilitarian vision in their interventions, which do not consider the rights of animals. It also was evident that the degree of preparation and knowledge that the judges have, in matters of Nature rights, is not sufficient, since the motivations do not shows a doctrinal understanding of the foundations of those rights. Therefore, we can say that there is still a long work to be done for the understanding and application of animal rights, indispensable for the positivization of the constitutional aspiration to achieve true sumak kawsay.