Constitutional Justice in defense of the rights of nature: a comparative analysis of Ecuador and countries in the region

Abstract

This article analyzes the development and implementation of constitutional justice in defense of the rights of nature in Latin America, with emphasis on Ecuador and other countries in the region. Faced with increasing environmental degradation and biodiversity loss, this innovative approach recognizes nature as a subject of rights, challenging the traditional anthropocentric view. Through a comprehensive analysis of primary and secondary sources, including constitutions, laws, and jurisprudence, the legal and constitutional framework of various countries, emblematic cases, and implementation challenges are examined. The results reveal that Ecuador leads this paradigm with significant advances, while other countries adopt alternative approaches. Important achievements in environmental protection are identified, but also persistent obstacles in the practical application of these rights. The study concludes that, while the recognition of the rights of nature represents a transcendental legal transformation, its effectiveness requires a holistic approach that integrates public policies, institutional strengthening, and a profound cultural change in the relationship between society and the environment.