Resumo

PANIAGUA DORANTES, Bernardo Enrique. Analysis of Judgment Number 166-15-SEP-CC (case No. 0507-12-EP) of the Constitutional Court of Ecuador. Rev. IUS [online]. 2022, vol.16, n.49, pp.45-63.  Epub 06-Jun-2022. ISSN 1870-2147.  https://doi.org/10.35487/rius.v16i49.2022.682.

The Constitution of the Republic of Ecuador recognizes nature as a living being and, as such, is the holder of rights with legal capacity to be exercised; therefore, its compliance and observance is mandatory for public servants -at any level of government- in a transversal way. The Constitutional Court will protect the rights of nature through actions that assert constitutiona supremacy. In the sentence that is analyzed in this work, the Constitutional Court ruled if the resolution of the Provincial Court of Esmeraldas, when weighing greater relevance of property and economic rights over the rights of nature, was substantiated and motivated in accordance with requirements of reasonableness, logic and comprehensibility, by allowing the use and exploitation of part of the physical space of the Cayapa-Mataje ecological reserve to an individual, for commercial purposes.

Palavras-chave : Subject of legislation; nature-humanity; tutelage and protection; restoration; transversality.