Los derechos de la naturaleza en Ecuador. Análisis desde la jurisprudencia constitucional
This work aims to analyse the Constitutional Court of Ecuador input on the rights of nature, based on its jurisprudential development to evaluate the legal criteria that have been applied, to identify the rights that have been violated and on which constitutional actions have been proposed. This res...
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| Natura: | masterThesis |
| Lingua: | spa |
| Pubblicazione: |
2023
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| Accesso online: | https://dspace.unl.edu.ec/jspui/handle/123456789/27880 |
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Aggiungi Tag | Riassunto: | This work aims to analyse the Constitutional Court of Ecuador input on the rights of nature, based on its jurisprudential development to evaluate the legal criteria that have been applied, to identify the rights that have been violated and on which constitutional actions have been proposed. This research relies on a qualitative design based on documentary analysis and the application of interviews to experts. These data are aimed at knowing the cases resolved, such as the validity and timeliness of the criteria issued by the country's judges, and that are related to the rights of nature provided in the Constitution. Among the main results, the existence of cases resolved by the Constitutional Court and a jurisprudence that helps crystallize the biocentric vision of these rights stand out. Among the legal criteria that stand out are those related to the recognition of the elements of nature as subjects of rights and as part of a whole, from where a comprehensive protection of natural resources is promoted. It is also noted that the most frequent cases in the country are those related to the protection of rivers and forests, as well as those related to the impact of mining. |
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