Estándares jurisprudenciales desarrollados para la protección efectiva de los Derechos de la Naturaleza según la jurisprudencia de la Corte Constitucional

Abstract

Abstract: This research addresses the jurisprudential standards developed for the effective protection of the rights of nature, as recognized by the Constitution of Ecuador (Articles 71 74). The general objective was to identify and analyze these standards through the jurisprudence of the Constitutional Court. The study was based on the analysis of ten landmark rulings issued by the Constitutional Court of Ecuador. A qualitative, legal methodology was applied, with a hermeneutic and jurisprudential approach, using documentary research and systematic case review as instruments. The findings show that the Court has established key principles such as the recognition of nature as a subject of rights, integral restoration, dynamic burden of proof, non-regression in environmental protection, and citizen participation. However, tensions remain with economic rights and limitations in their practical application. It is concluded that, despite the normative robustness, the effective implementation of these standards requires strengthening judicial training, normative codification, and active citizen participation.