La comercialización de animales y los derechos de la naturaleza en el Ecuador

Abstract

This research analyzes the legal and practical application of the rights of nature and the protection of animals in Ecuador, based on two landmark decisions of the Constitutional Court: the Río Aquepi case (Judgment 1185-20-JP/21) and the Mona Estrellita case (Judgment 253-20-JH/22). Through a qualitative and legal-documentary approach, the study examines the scope, limitations, and tensions between the ecocentrismo constitutional framework, the current civil and criminal regulations, and the prevailing institutional and social practices in the country. The findings reveal that, although the 2008 Constitution recognizes nature as a subject of rights and jurisprudence has strengthened ecological and animal protection, significant breaches remain due to inadequate public management, lack of environmental consultation, insufficient scientific evaluation, and the growing illegal commercialization of wildlife. The study concludes that Ecuadorian law must harmonize its legal system with social and ecological realities to ensure the effective protection of ecosystems and animals as sentient beings. Finally, the research offers recommendations aimed at strengthening legal, institutional, and social mechanisms to guarantee the enforcement of the rights of nature and prevent activities that threaten biodiversity.