La constitucionalización de los derechos ambientales en ecuador: análisis de su implementación según la jurisprudencia de la Corte Constitucional.

Abstract

Abstract:This paper analyzes the constitutionalization process of environmental rights in Ecuador, highlighting the pioneering role of the 2008 Constitution in recognizing nature as a subject of rights. Based on this normative framework, the evolution of Latin American environmental constitutionalism is examined, particularly the principles of good living, precaution, prevention, and comprehensive reparation. A jurisprudential study is conducted, focusing on Constitutional Court Ruling No. 32-17-IN/21, which declared provisions of the Environmental Regulations for Mining Activities unconstitutional for violating the principle of legal reserve and the rights of nature. The research identifies the doctrinal contributions of this ruling, such as the reaffirmation of the pro natura principle, the use of comprehensive interpretive tools, and the autonomous application of ecological rights. Despite progress, challenges remain in the effective implementation of these rights, such as institutional resistance and lack of follow-up. It concludes that the consolidation of environmental law requires coherent, participatory state action with a constitutional focus.