LA NATURALEZA COMO TITULAR DE DERECHOS: UN NUEVO ENFOQUE DESDE EL CONSTITUCIONALISMO LATINOAMERICANO

Abstract

This contribution constitutes a study about rights to nature in Latin America and its plurinational and intercultural approach. Its objective is to review the constitutional, legal and jurisprudential advances that have occurred in the matter in recent years, analyze the particular focus on the recognition of the rights of nature and propose some challenges for the future.To achieve the objectives, Ecuador, Bolivia, Colombia and Peru were chosen as the countries to study, part of reviewing their regulatory progress comparing their similarities in relation to the concepts of Pachamama and sumak kawsay or suma qamaña, whose incorporation in the texts normative is not only a mention, it is a manifestation of a new constitutionalism with a biocentric and multicultural vision, because the intrinsic value that serves as the basis for rights to nature is part of the cosmovision of the Andean-Amazonian peoples of the region, in this point, the practical effects of the rights to nature are evident too. Finally, based on the above, there are some challenges that are related to the complex interaction between the environment and the economy, as well as the lack of development and legitimacy of some countries with the rights to nature. Palabras claves: Consitucionalismo latinoamericano, naturaleza, derechos, plurinacionalidad, interculturalidad