Análisis de la aplicabilidad y alcance de la acción de hábeas corpus en animales silvestres en la sentencia No. 253-20-JH/22

Abstract

Through the analysis of judgment No. 253-20-JH/22, among several cases referring to the application of jurisdictional actions to animals, this is the only emblematic case that has arrived and has been resolved by the Constitutional Court referring to the applicability of the habeas corpus action to wild animals, the grounds of the majority vote approving the applicability, and of the dissenting vote limiting it, will be examined in order to fulfill the proposed objectives. In the first chapter, a normative, doctrinal and jurisprudential analysis is made regarding the guarantee in question and the rights of nature and of animals, with the purpose of providing the reader with a complete panorama that will help him develop a critical sense for the approach of chapter two, where the arguments of the majority vote and the dissenting vote are analyzed and the aim is to elucidate which position is the appropriate one within the Ecuadorian normative context. Finally, in chapter three, I make my own arguments, both of form and substance, that justify why it is normatively coherent that the habeas corpus action be extended to wild animals, in order to subsequently establish limits that avoid the denaturalization of this guarantee in the practice of law.