La Acción de Protección: aceptación y rechazo de una garantía jurisdiccional en el marco de novedosos paradigmas de la teoría constitucional. Un análisis centrado en los derechos de la Naturaleza

Abstract

The Constitution emitted in 2008 belongs to new paradigms from Constitutional Law. We’ve chosen Neoconstitucionalism and New Latin-American Constitutionalisms for our further analysis. These paradigms present rights from a new era; they respond to a specific human, cultural, and even ecosystemic composition, that is very own of the countries that adopt them. In the new rights that are contained in the 2008’s Constitution, in consonance with the new paradigms that it belongs to, are included the Nature rights. For the defense of these rights, new mechanisms were established; these mechanisms are called jurisdictional guarantees. One of these guarantees is the protective action, which has had a lot of academic discussion around it. The use of the protective action in defense of the Nature rights is where the interest of this work is centered. We will develop it through empiric information