La norma constitucional de protección de los derechos de la naturaleza y sus incidencias jurídicas

Abstract

The objective of this research was to determine the impact of the norms of protection of the rights of nature in the Ecuadorian legal system. To do this, the concept of Good Living and the theory on which our Constitution was based to establish nature as subjects of rights were analyzed, comparing the legislations of New Zealand and Colombia. In addition, the civil, criminal, administrative and constitutional actions that protect these rights were determined, and if they exist, the precautionary measures contained therein. This research was qualitative, and the research technique content analysis was used, collecting information in the legislation, doctrine, bibliography, data that we interpret with the use of the exegetical, comparative, synthetic and analytical method. Finally, it was concluded that from the new environmental identity of our Constitution in 2008 there was an adaptation of the internal regulations to make possible the full development of the rights of nature, and that this novel relationship between nature and man was necessary to recognize the importance of nature, the latter being on which our existence depends.