El derecho de la naturaleza y quienes la habitan, un análisis constitucional de su normativa.

Abstract

This article will analyze the constitutional principles and the application of the law of nature through a critical study in Ecuador, across the recognition of the rights of nature and animals as a fundamental way to achieve the sumak kawsay, in which exist a harmonious relationship between men and the environment. To demonstrate the relationship between the laws and nature, this article will study the regulations and the jurisprudential development that has been generated within the normative principles. For this, two chapters are presented, the first, related to the rights of nature in Ecuador, where in dubio pro natura is emphasized as a fundamental element for the development of protectionist regulations, under a biocentric approach that bases human actions to respect for the environment, and to which the legal system should respond. In the second chapter, the normative and jurisprudential development that has taken place on the subject is discussed, pointing to Judgment 166-15-SEP-CC of May 20, 2015 of the Constitutional Court as a reference in the country.