Los derechos de la naturaleza en la Constitución ecuatoriana: tendencias y proyecciones de protección. Análisis de casos judiciales emblemáticos

The overall objective of the research was to identify trends and projections in the jurisprudence of the Constitutional Court, through the study and review of emblematic constitutional rulings, in order to determine the protection of the rights of nature during evaluating the evolution, development and due protection of these rights through constitutional rulings. In this sense, the legal regime of nature was identified, a timeline was developed with the rulings of the Constitutional Court on these rights\; and they were analyzed according to a comparative analysis of said rulings to understand the criteria and decisions applied by the Court in protecting these rights. The approach of this research was qualitative and its depth level descriptive. The methods used were the normative, hermeneutic and deductive methods which allowed to delve deeper into the understanding of each case such as: Texaco - Chevron, Vilcabamba, Los Cedros Protected Forest and Mona Estrellita. From this it was determined that, the jurisprudential development has not been the most expeditious, but there is clear significant progress in constitutional jurisprudence in relation to nature, and the importance is that by determining current trends, a solid foundation is established for future projections, such as the consolidation of the defense of nature, where its protection was constitutionally adapted, and this not only implies internal progress, but also sets an important precedent for other countries to adopt the biocentric tendency and the expansion of the legal regime to protect the physical, biotic and sociocultural media in a more effective way.

• מחבר ראשי: Cabezas Andrade, Sebastián Emiliano (author)
• פורמט: bachelorThesis
• יצא לאור: 2024
• נושאים: derechos de la naturaleza, jurisprudencia constitucional ecuatoriana, tendencias, proyecciones de protección, biocentrismo, sujetos de derecho, garantías jurisdiccionales
• גישה מקוונת: https://repositorio.puce.edu.ec/handle/123456789/43502