LA CONSTITUCIÓN EN EL ÁMBITO PESQUERO: UNA INVESTIGACIÓN APLICADA A LA PESCA DE ARRASTRE EN EL ECUADOR.

Abstract

The Constitution recognizes nature as a subject of law and not only as an object, where there is a change to the legal paradigm, this premise the establishment of models of sustainable development as well as environmental management policies and transversely pro Natura clause, this shall provide that in case of doubt about the scope of laws on environmental issues, these will be applied in the most favorable to the protection of nature sense. Where the foundation is the right granted in the human environment from a legal point of view as ontological; Nature being a subject according to the fourth generation rights. In this regard appreciates the Ecuadorian context full respect to the biological space becomes existential and cultural in the sense that it relates to the support of existing, part of biocentric concept and perspective sumak kawsay raised in the Constitution. Recognizing now that nature has rights around the concept of human rights; in conservation and monitoring biological indicators to maintenance and regeneration life cycles and evolutionary processes of nature