Del “semoviente” al sujeto de cuidado, propuesta para animales de compañía en el derecho civil

Abstract

This scientific article examines the legal concept of semoviente within Ecuadorian Civil Law, which, despite the constitutional recognition of Nature as a subject of rights, has not overcome its objectification in the Civil Code. As a result, companion animals continue to be perceived as movable property, thereby prolonging their objectification and delaying their recognition as sentient beings with legal protection. This situation generates a normative contradiction, highlighting the need to reconsider the legal nature of companion animals. The article analyzes the Constitution of the Republic, the Environmental Code, the Municipal Code of the Metropolitan District of Quito, as well as the jurisprudential precedent of the “Mona Estrellita” case, which marked a milestone by recognizing animals as subjects of rights and strengthened the debate on overcoming the civil categorization of semovientes. The article seeks to raise awareness of the importance of the legal status of companion animals, emphasizing their welfare, which is in harmony with the principle of respect for and restoration of nature. Likewise, it emphasizes that the law must adapt to current realities in order to adequately protect society and ensure justice in the face of new challenges, in this case, those related to animal welfare.