LEGAL IMPLICATIONS OF NATURE AS A SUBJECT OF RIGHTS REGARDING ENVIRONMENTAL CRIMES OF COIP-ECUADOR

Abstract

The present investigation arises from the conception of nature as a subject of rights in the Ecuadorian constitutionalism of 2008, as an epistemic construct derived from Latin American critical theories that deal with environmental rights and are largely supported by the ancestral knowledge of the worldview. andean. Specifically, the difference between constitutionally conceiving nature as a subject of rights and the protected legal right in the crimes provided for in the Organic Code of Criminal Procedure (COIP) is analyzed through the new environmental and criminal trends. In this sense, the doctrinal, normative and jurisprudential review that governs the matter, its principles, scope and in general the importance of the aforementioned distinction when generating conviction in the Judge in environmental and criminal matters was used, determining its specificities. common and different. As a conclusive aspect, it was possible to verify that there was a confusion in the legislator when drafting the COIP, since it establishes elements that are aimed at preventing and punishing crimes against the environment in an isolated and non-systemic way and that do not consider the right to recognize nature as a subject of rights, following in part the anthropocentric tradition that has already been overcome since the new subject-subject relationship that regulates the Ecuadorian constitution of 2008.