Análisis del principio de subsidiariedad y los derechos de la naturaleza en la legislación ecuatoriana (caso Chevron Texaco)

Abstract

This research has a qualitative approach, analyzing the principle of subsidiarity and the rights of Nature in Ecuadorian legislation since it is considered a subject with rights in the Constitution of the Republic. Therefore, a series of rights, principles, and guarantees are recognized in order to achieve its conservation, maintenance, repair, and restoration, to live in a healthy and balanced environment where all forms of life are possible. In addition, the principle of subsidiarity and how Ecuador enforced it. This principle was applied in the controversial Chevron-Texaco case, which by not using safe extraction methods, as agreed in the concession contract, generated an enormous environmental, social, and human impact in the Ecuadorian Amazon region, leading to long judicial processes in different instances and courts that in the end evidenced the failure of the Ecuadorian State to apply the principle of subsidiarity.