Los derechos de la naturaleza y la deforestación en el Parque Nacional Yasuní

Abstract

The objective of this study is to examine the effectiveness of the rights of nature in relation to deforestation in Yasuní National Park, as well as institutional and social opinions regarding their application. The research was conducted from a qualitative perspective, with a qualitative and comparative approach. The methods used were a review of relevant constitutional jurisprudence (the rights enshrined in the Ecuadorian constitution), documentary analysis, and semi-structured interviews. Interview guides, thematic categorization matrices, and legal analysis sheets were used as focal instruments. The main findings show that, despite the constitutional recognition of the rights of nature, serious limitations persist for their effective application in the territory. Participants identify weak state oversight, institutional fragmentation, and pressures from extractive activities. At the environmental level, there are reports of significant damage to the ecosystem, with thousands of hectares affected by deforestation in the last decade and a sustained increase in the extractive frontier. Likewise, relevant jurisprudential advances have been identified, such as constitutional precedents on the protection of nature, although with limited practical implementation. It is concluded that the protection of Yasuní does not depend solely on the normative recognition of the rights of nature.