El ejercicio de los derechos de la naturaleza en el Ecuador.

Abstract

This research aims to contribute to the knowledge, development of criteria and principles considered in the application of the Ecuadorian legal system, to guarantee the correct functioning and exercise of the Rights of Nature. It appears with the promulgation of the Constitution of 2008, where, for the first time, rights are granted to Nature in the highest hierarchy of the Ecuadorian legal system. This supreme norm brings deep changes; where rights occupy a privileged place and justice represents their materialization, and their characterizing elements are incorporated in the Magna Carta. From these avant-garde transformations in the legal system, it is necessary that administrative and judicial public servants in environmental matters strengthen their knowledge, ensuring that effective and accurate action is practiced when it comes to the protection and guardianship of the Rights of Nature under strict adherence to the precepts established in the Constitution. Consequently, the present work focuses on studying the main limitations to the exercise of the Rights of Nature; therefore, the scope of the rights, the Ecuadorian regulations on the Rights of Nature, the judicial and administrative institutionality with competence in environmental matters are analyzed. It is expected that this information contributes to a better understanding in relation to the subject, and above all, examines whether the effective judicial protection of the Rights of Nature is guaranteed.