Los derechos de la naturaleza y la consulta ambiental: Análisis de la Jurisprudencia Constitucional Ecuatoriana

Abstract

Abstract: This paper analyzes the constitutional standards that protect the rights of nature and regulate environmental consultation in Ecuador through a study of the jurisprudence of the Constitutional Court. The relevance of this academic study lies in its direct involvement of the Ecuadorian State, considering that it was the first country in the world to physically and constitutionally recognize the rights of nature. A qualitative methodology with a jurisprudential approach is adopted, analyzing representative cases such as the "Los Cedros Protective Forest." The Constitutional Court of Ecuador has developed a progressive and liberal line of jurisprudence, although its practical application still faces various challenges. In this study, environmental consultation constitutes a constitutional mechanism for citizen participation, aimed at ensuring that communities actively participate in decisions that affect their natural and ancestral environment. However, its implementation has sparked controversy, especially in scenarios related to extractive mining or infrastructure projects. Thus, this research takes on special importance, as it focuses on a constitutional axis that articulates both the rights of nature and the obligations of the State and society.