Derechos de la naturaleza: análisis de la sentencia 012-18-SIS-CC, caso Vilcabamba (2011 – 2018)

Abstract

The following research it´s titled Rights of Nature: Analysis of Judgment 012-18-SIS-CC, Vilcabamba Case (2011-2018), which focuses on analyzing the Protection Action of March 30, 2011 and the Action of Non-Compliance of March 28, 2018. In these documents it was alleged that the Provincial Government of Loja was dumping waste and residues into the Vilcabamba River as a result of the construction of the highway from Vilcabamba to Quimara, which would cause damage to nature that never were evaluated in neither of the two sentences. Therefore, the general objective of this project was to analyze the rights of Nature and the application of comprehensive reparation for environmental damage in the Vilcabamba River case (2011-2018). To consolidate this purpose, the methods applied were: normative, which served to identify the international and national legal framework applicable to the specific case; the analytical-synthetic, which made it possible todetermine which rights were violated through the analysis of both sentences; and the socio-legal, which made it possible to make contact with leaders of nature defense organizations and officials from the Ministry of the Environment, in order to specify their knowledge of the Rights of Nature as a result of both sentences. The investigative techniques used were documentary analysis and interview. Among the main conclusions, it was possible to determine that the rights of nature violated in the former case were: right to full respect for its existence and maintenance of their life cycles; and right to restoration.