La acción de protección y los derechos colectivos ambientales: perspectiva jurídica en Ecuador y América Latina
Year: 2026
Type: article
Abstract: Introduction: The growing environmental degradation and conflicts over the use of natural resources in Ecuador and Latin America show the need for effective legal mechanisms to protect collective environmental rights. The problem lies in the persistent violation of these rights in the face of activities that affect ecosystems, water resources and biodiversity, generating negative impacts on communities and future generations. Objective: To analyze the protection action as a legal instrument to guarantee collective environmental rights in Ecuador and to examine its comparative effectiveness in the Latin American context. Methods: A qualitative and documentary approach was used, reviewing constitutional regulations, environmental laws, national jurisprudence and regional regulations, complemented by an analysis of international standards and relevant legal doctrines. Results: The protection action constitutes the main mechanism of constitutional protection in Ecuador, strengthened by a jurisprudential evolution that incorporates principles such as precaution, prevention, in dubio pro natura and integral reparation, consolidating the recognition of nature as a subject of rights. Likewise, Latin American countries have made significant progress in the constitutional protection of the environment, although differences persist in procedural mechanisms, active legitimacy and the degree of institutionalization of environmental justice. Conclusions: The protection action represents an essential instrument to guarantee the effective protection of collective environmental rights, strengthen access to constitutional justice and contribute to the consolidation of a regional model of environmental governance based on sustainability, citizen participation and the comprehensive protection of ecosystems.
Language: Spanish
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7221378045