Análisis de los precedentes jurisprudenciales respecto a los Derechos de la Naturaleza en el Ecuador a partir de la Constitución de Montecristi.
In the Ecuadorian State, jurisprudential precedents have a significant role in the judicial system, which is why jurisprudence has been issued that favors nature. This has been possible through the recognition of rights that were instituted with the Montecristi Constitution of 2008, making it worthy...
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| Materyal Türü: | bachelorThesis |
| Baskı/Yayın Bilgisi: |
2024
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| Online Erişim: | https://dspace.ueb.edu.ec/handle/123456789/7631 |
| Etiketler: |
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Etiketle | Özet: | In the Ecuadorian State, jurisprudential precedents have a significant role in the judicial system, which is why jurisprudence has been issued that favors nature. This has been possible through the recognition of rights that were instituted with the Montecristi Constitution of 2008, making it worthy of comprehensive protection as an entity worthy of legal protection, giving way for guarantees to be recognized in other regulations for its benefit, such as the COIP, a regulatory provision responsible for criminally condemning transgressions against the environment. The investigation is channeled into a doctrinal legal analysis of the triple reiteration resolutions from the National Court of Justice and the Constitutional Court related to the environment and Pacha Mama, which demonstrate the state's regulatory protection. Thus, the study is developed under a mixed approach, made up of quantitative and qualitative methods that provided information from the survey prepared to the lawyers and the interview with the judges of the Criminal Judicial Unit, the results of which are reflected in the investigative project Keywords: Environmental Crimes, Rights, Nature, Jurisprudential Precedents, Protection. |
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