El principio interespecie como fundamento del estatus jurídico de animales no humanos: análisis dogmático de la Sentencia no. 253-20-JH/22 del caso 'Mona Estrellita

Abstract

The paradigm of the rights of non-human animals constitutes a necessary legal challenge that requires elucidating the foundations that allow for the creation of transcendental mechanisms for the conservation, preservation, and maintenance of wildlife. In this regard, this paper analyzes the dogmatics of the interspecies principle through the study of Sentence No. 253-20-JH/22 of the Constitutional Court of Ecuador. The main objective is to analyze the doctrinal basis of the interspecies principle in light of the legal criterion of the previously cited sentence. The methodology of this study was based in a qualitative approach, which analyzes a set of conceptual, dogmatic, and doctrinal particularities that contribute to generating an understanding of the main parameters in which the construction of the criteria emitted in this study is elucidated. The results and conclusions allow for the determination that it is important to effectively elucidate the rights corresponding to non-human animals, establishing guidelines that contribute to promoting actions for the conservation, preservation, and maintenance of life. It is imperative to establish the construction of legal guidelines that contribute to conservation plans, programs, and projects.