Omisión de garantía constitucional respecto a la protección de los animales según el artículo 585 del Código Civil.

Abstract

Work on the alleged omission of the Constitutional Guarantee regarding the Protection of Animals according to article 585 of the Civil Code, it is made clear that, although the Constitution of Ecuador decrees the protection of animals in a way or manner as I exposed it in chapter I (theoretical, conceptual, legal and comparative analysis). And it cannot be denied that, from the change, and from the recognition of nature "La pachamama" as a subject of rights, it is that it allows in a certain way or form that the other normative bodies of the legal system, such as ordinances, the Organic Code of the Environment, including the Comprehensive Organic Penal Code, provide protection to certain classes of animals. Evidence that the Ecuadorian Civil Code establishes animals as "self-moving things". Theme that did not change despite the latest reform of the Civil Code in 2019; however, the new Organic Code of the Environment was already in force for this date; therefore, there was a possibility that within the Civil Code the conception of the word "things" would be changed, but nevertheless this norm continues to maintain even in its article 585 this word in reference to animals. Conclusion, at least for the regulations of the Civil Code of Ecuador 2019, establishes that animals continue to be as "objects" and not as "subjects of rights"; subject that contradicts the constitutional norm of the country, therefore, a reform to this article of the Civil Code is suggested.