Los derechos de la naturaleza y su influencia en el derecho a la propiedad privada como consecuencia de su función ambiental

Abstract

Abstract: The recognition of several fundamental rights obliges the constituent to establish limits between them, so that the exercise of some is compatible with the exercise of others. This delimitation is especially important when dealing with rights whose content may overlap, as is the case with the right to property and the rights of nature in Ecuador, where the existence of protected areas imposes limitations on the use, enjoyment or disposition of the owners of the land within the existing areas or those to be created in the future. In this context, the present research is inserted in order to systematize the jurisprudential treatment of the rights of nature in Ecuador and the limits imposed on the right to property in order to guarantee them. In order to achieve this objective, a documentary analysis methodology was applied based on the methods of synthesis-induction-deduction analysis, literal interpretation, exegetical analysis and analysis of sentences, which led to the conclusion that although the Constitutional Court of Ecuador has ruled on several occasions on the rights of nature.