LA SUBJETIVIDAD DE LA NATURALEZA FRENTE AL DERECHO CONSTITUCIONAL E INTERNACIONAL

Abstract

In the present investigative work, the doctrine, the 2008 Constitution and international instruments were established as material for analysis. The initial premise states that the declaration made by the Constitution of the Republic of Ecuador in 2008 to grant the status of subject of right to nature, is somewhat controversial. In this way, it is inferred that the lack of conceptualization together with the rejection of the legal subjectivity of Nature by the doctrine, consist of transcendental elements for the justification on the impossibility of this being considered as subject of Rights. The study of the material of analysis raises different theories, among them the anthropocentric, which establishes the welfare of people as the purpose of the Law. This leads to determine that granting the status of subject of right to nature is unfeasible due to the lack of application within the law.