Reconocimiento constitucional de los animales como sujetos de derechos : análisis jurídico del caso La Mona Estrellita en el Ecuador.

Abstract

This essay examines the recognition of animals within the relational framework of the Ecuadorian constitution, focusing particularly on the jurisprudence of case No. 253-20-JH/22, also known as the Estrellita case. The central problem lies in thegaps and contradictions that exist between the 2008 Constitution, which grants rights to both nature and animals, and other laws that still consider them legal objects. This tension creates obstacles to the full effective realization of the rights claimed and the construction of a coherent jurisprudence in case law. In essence, this case was intended to analyze the impact of the Estrellita case on the development of the notion of rights owners in Ecuador’s constitutionalism and to analyze the legal possibility of applying jurisdictional guarantees (such as habeas corpus) to non-human animals. An investigative method of a qualitative and analytical nature was adopted, which was based on a review of the Constitution, Constitutional Court decisions, specialized doctrine and recent academic contributions. One of the main conclusions is that Ecuador is a regional benchmark for the innovation of its constitutional framework. Despite this, it suffers from a lack of regulatory consistency and practical effectiveness. Similarly, it is evident that the lack of explicit rules and judicial protocols generates legal uncertainty and contradictions in the application of animal rights. It is recommended to strengthen legislation through an Organic Law on Animal Welfare, consolidate the training of judicial operators and promote institutional coordination. These measures can improve animals’ living conditions.