La naturaleza como sujeto de derecho con base en la cosmovisión andina

Abstract

In 2008, Ecuador became the first country in the world to recognize nature as a subject of right. A popular election to change the 1998 constitution that was in force until that moment, largely gave way to recognizing what, until that moment, especially the indigenous peoples of Ecuador were looking for. However, its recognition at the constitutional level was not enough, since over the course of these 15 years the urgent need to create more legal and parallel regulations has become evident so that there is a legal legal framework where there are no ambiguities, especially when we integrate more requirements. universals such as Sumak kausay as a way of life for indigenous peoples and nationalities and even more so, when we seek for man, nature and their environment to coexist from an Andean Cosmovision. During this time, there are no known cases in which judicial authorities have acted rigorously to prosecute or penalize those responsible for actions against nature as a subject of law. Perhaps because in some way, they do not have that legal framework to identify and punish those responsible for acts that must be punished within true and effective environmental justice. With this article I intend to encourage and motivate the authorities and those concerned to consider the need to articulate the true rights of nature with complementary legal norms. It is also my desire that these regulations to be taken into account encompass more universal considerations, as is the case of the Andean World Vision. Although this is evident implicitly and tacitly in the constitution and in certain regulations that have been created in parallel, it is no less true that in law there cannot be ambiguities that later generate the impossibility of executing sanctions if there is no clear and precise legal framework.