Los derechos de la naturaleza y la aplicación del derecho de restauración en los conflictos ambientales

Abstract

The present titling work Development Project modality has as general objective: "To legally investigate the application and complexity of the right of restoration in environmental conflicts in cases with emblematic sentences in rights of nature", the same development several topics in the chapter II, inquired about the Right to nature, the Sumak Kawsay where this concept is explained in the different constitutions of South America. To then identify that Nature is a subject of rights, that is, it has all the rights enshrined in the constitutional norm. It was also inquired about environmental restoration that seeks to repair environmental damage. In addition, the state of the art was complemented with topics related to research such as restoration, rehabilitation, remediation, mitigation, topics related to the right to nature, adding both the constitutional regulatory framework and specific regulations. The present work analyzes the right of restoration in environmental conflicts, especially in the two cases with emblematic sentences in rights of nature, for which those selected by the Ombudsman's Office in 2020 were taken as a reference, in which presented a series of complexities due to various factors that were developed in chapter IV, to conclude with chapter V in which both the conclusions and recommendations were developed, thus understanding that the right of restoration in environmental conflicts must establish clear objectives and achievable for environmental restoration, which the judges must understand and understand that nature is one more subject, it must be emphasized that the present investigation sought texts by both Dr. Ramiro Ávila and Ecuadorian authors, comparative and international norms, scientific articles and others.