Naturaleza jurídica del derecho a vivir en un ambiente sano y ecológicamente equilibrado según la jurisprudencia de la Corte Constitucional del Ecuador

Abstract

Abstract: This research examines the legal nature of the right to a healthy and ecologically balanced environment, crucial for human and natural well-being in the face of environmental impacts. The study, employing exegetical, inductive, and analytical methods, along with content analysis, focuses on the jurisprudence of the Constitutional Court of Ecuador. The findings reveal a significant evolution of this right, driven by constitutional reforms and international regulations such as the Stockholm Declaration. Classified as a third-generation right, this right is collective and biocentric, recognizing nature as a subject of rights and promoting a harmonious relationship with ecosystems. Its protection is realized through protective actions, a jurisdictional guarantee directly linked to the violation of the rights of nature. The study emphasizes the need to prioritize this right in the legal and social spheres. This entails developing laws, regulations, ordinances, and public policies that foster awareness in future generations about the vital importance of a healthy environment.