Análisis jurídico constitucional del caso Bosque Protector Los Cedros sobre la garantía del Ambiente Sano y los derechos de la naturaleza

Abstract

Abstract: This degree thesis conducts a constitutional legal analysis of the case of the Los Cedros Protected Forest, with the aim of examining the guarantee of the right to a healthy environment and the rights of nature. The research is based on a conceptural framework that addresses the healthy environment, sustainable development, extractive projects, and the principe of environment justice. The ruling No. 1149-19-JP/21 is analyzed in depth, together with other relevant decisions, to demonstrate a jurisprudential line the strengthens principles such as precaution, in dubio pro natura, environmental non- regression, prior consultation and active standing. The study highlights the role of the Constitutional Court as a guarantor of the new ecological, constitutionalism and the challenges its implementation faces, such as the lack of the political will, institutional weaknesses, and tensions with the extractivist model. Finally, it is concluded that the ruling constitutes a structural precedent to strengthen environmental justice and to move toward a sustainable development model with citizen participation and respect for the rights of nature.