La protección a los derechos de la naturaleza: estándares jurisprudenciales emitidos por la corte constitucional

Abstract

Abstract: The 2008 Constitution is characterized as one of the most outstanding in Latin America, as it recognizes nature as a subject of rights. This has allowed the Constitutional Court to develop jurisprudential standards aimed at guaranteeing environmental protection. Among the most important precedents is this ruling No. 1149-19-JP/21, better known as the Los Cedros Protective Forest, which represents one of the most significant advances in this area. The object of study focuses on analyzing the protection criteria for nature based on the dominant constitutional precedent and rulings that follow the same jurisprudential line. The work is developed using a qualitative method that allows for a dogmatic analysis of constitutional rulings. Among the main results of the research is that the precautionary principle acquires binding legal force by establishing that it must be applied in all cases where there is a dispute regarding the damage that may be caused to ecosystems.