Eficacia de los derechos de la naturaleza frente a la actuación estatal en Ecuador: análisis constitucional, jurisprudencial y comparado

Abstract

Abstract: Ecuador s 2008 Constitution recognized nature as a subject of rights; this shift allowed for the protection of ecosystems based on their intrinsic value rather than merely their utility to humans. However, the persistence of extractive activities, pollution, and administrative omissions reveals a gap between the constitutional text and state practice. This study analyzes the extent to which the rights of nature serve as effective constraints on State decisions, employing a qualitative, legal, and documentary research approach. The primary corpus consists of the 2008 Constitution and Constitutional Court rulings in the *Bosque Protector Los Cedros*, *Mona Estrellita*, and *Río Monjas* cases. Experiences from Colombia and New Zealand are also reviewed. The results demonstrate that these rights possess normative and judicial efficacy, enabling the filing of constitutional actions, the annulment of administrative decisions, the ordering of preventive measures, and the mandating of ecosystem restoration. Nevertheless, their institutional efficacy remains limited, as protection is typically triggered only after a conflict has arisen and through the intervention of the constitutional justice system. The study concludes that the primary challenge lies not in creating additional rights, but in applying existing ones in a preventive, coordinated, and verifiable manner within public policies and administrative decisions.