El neoconstitucionalismo y la protección de derechos de los animales.

Abstract

This study analyzes the impact of neo-constitutionalism on the protection of wild animal rights in Ecuador, using the Mona Estrellita Case as a reference. This ruling set a precedent by recognizing animals as subjects of rights within the framework of the rights of nature. Since the creation of the 2008 Constitution, Ecuador has been a pioneer in protecting nature and its applicability within the legal framework, including wildlife. However, questions remain about whether these acquired rights serve to protect animals individually or only as part of nature. The Constitutional Court, based on the principles of interspecies and ecological interpretation, which will be explained in this essay, seeks to guarantee their protection based on their biological characteristics and their interaction with the environment. It is a reality that in our country, the specific legal system is inefficient, and the tenacity of certain sectors hinders its effective implementation. Likewise, judicial interpretation has sparked discussions about the balance between animal rights and human rights, raising the need to establish clear criteria that are consistent with other regulations. The goal is to contribute to strengthening and consolidating a more effective legal framework for the protection of wild animal rights, promoting a balance between the recognition of their rights and how they are applied in the social and legal context of our country.