La naturaleza como sujeto de derechos ¿Realidad o ficción jurídica?.

Abstract

It is noteworthy that environmental legislation has evolved over time, with the purpose of making people aware of the care they should have in nature, due to the existence of extreme consumer intervention by the human being. Ecuador was the first country to recognize nature as a subject of rights, in order to achieve an effective protection of biodiversity and ecosystems through legal instruments, in this case, its supreme norm, that is, the Constitution. There are various positions for and against, encompassing a legal debate regarding this constitutional recognition. Although the purpose is a protection, it is actually a legal fiction, so that people preserve this, since there is no greater effect with respect to the protection of nature's rights because similarly it is possible to achieve the same objectives through an improvement in the regulations of protection to the environment, but not by calling it a subject of rights.