El derecho a beneficiarse de la naturaleza, frente al reconocimiento constitucional de los derechos de los animales

Abstract

Since the Constitutional recognition of the Rights of Nature, Environmental Law has made enormous strides in its growth. However, there are still legal loopholes or contradictions that can give rise to various interpretations. Such is the case of the present relationship between the Constitutional Right to Benefit from Nature and Animal Rights. The purpose of this research work is to analyze the aforementioned relationship; to describe the problems it entails, the solutions that have been proposed, but from a purely practical aspect, although in order to carry out this study it is necessary to be accompanied by the doctrine. In the first chapter, the Constitutional Rights will be analyzed: its generalities, characteristics, source and content; this because the possibility of benefiting from nature is contained in article 74 of the Ecuadorian Constitution. To continue, the second chapter will start with the recognition of nature as a subject of rights, then with the analysis of its elements, to finish with a clear focus on the rights of animals, being these the most important point of the work. In the third chapter, a survey will be carried out with people who have legal knowledge and those who do not, with the purpose of having knowledge of the opinion of the Ecuadorian society about the rights of animals and our benefit, but mainly to know if it would be viable to develop a law that regulates this situation. With all this content, conclusions and recommendations are presented with the objective of obtaining a better legal condition for animals without directly affecting human beings.