| dc.description.abstract | The work intends to carry out a critical analysis of the recognition of nature as a subject of rights, since the 2008 Ecuadorian Constitution came into force.
Through the analysis of a judicial case, the problems in the application of the constitutional rights recognized in favor of nature by the Provincial Court of Justice of Esmeraldas will be demonstrated within the protection action N. 281-2011, in which, the permanence of a shrimp farm (MARMEZA) within the Manglares Cayapas Mataje ecological reserve (REMACAM) was allowed.
Then, through the qualitative method a legal analysis of the extraordinary action of protection N. 0507-12-EP will be developed. The fundamental discussion will be the weighting procedure that should be done between the right to private property of the shrimp farm (MARMEZA) and the rights of nature in favor of the REMACAM ecological reserve.
The objective of this paper is to determine how legal regulations must be applied, given that the nature is a subject of rights, as well as the legal implications of recognizing nature as a subject of rights in a Constitutional State of Rights and Justice. For this reason, the Constitutional Court of Ecuador, in its judgment N. 166-15-SEP-CC, for the first time in Ecuador, adopts a biocentric perspective and recognizes the nature as a subject of rights, against the anthropocentric approach, which understands nature only as an object of legal protection. | |
