LA TUTELA JUDICIAL EFECTIVA DE LOS DERECHOS DE LA NATURALEZA EN ECUADOR A PARTIR DE LA PROMULGACIÓN DE LA CONSTITUCIONAL DE 2008

Abstract

The current Constitution in Article 10 determines that nature is subject to rights. Since such declaration, nature has seen a strengthening in the normative aspect of fundamental rights, with which, it is not considered as an object of use of the human being, but nature is recognized as a managing subject of all forms of life, and the rights that correspond to its conservation and development have greater relevance within the Ecuadorian legal system. However, the problem presented by the rights of nature is that at the time of judicialization, there are inconveniences for the effective judicial protection of their rights to be properly applied. This is evidenced by the need to have a greater number of specialized technical and judicial personnel, who with a better preparation and experience can ensure a better satisfaction of the rights of nature, which is because the training of environmental professionals both at the level of expertise and within the context of justice officials receive a preparation that is insufficient. Thus, in this article is proposed and justified the duty of the State to train and train a greater number of justice officials on environmental law issues, to then create exclusive and specialized environmental justice entities in a cross-cutting manner, in order to have greater resources to promote greater effective judicial protection of the rights of nature.