Legal Pluralism and the Rights to Pachamama

Alcides Antúnez Sánchez

Universidad de Granma

Eduardo Díaz Ocampo

Universidad Técnica Estatal de Quevedo

Aim: To show the constitutional recognition that nature has gained in the Ecuadorian nation, which has
allowed it to be subject of rights and duties as a legal novelty in the construction and evolution of the
21 st century, as well as its regulatory development within positive law and public policies.
 
Methods: For this, the historical-legal, analysis-synthesis and induction-deduction methods were em-
ployed.
 
Findings: From the last decades of the 20th century, legal pluralism has become relevant due to its
impact on the social scene. While having various orientations and positions, Philosophy of Law and
Sociology deal with the definition of new theoretical constructs required to address the essence of legal
pluralism in the current context, reevaluating it and providing new aspects of analysis.
 
Conclusions: The Ecuadorian State guarantees the conservation and development of the indigenous
peoples’ traditional forms of coexistence and social organization since they constitute an expression of
interculturality. This has had a positive effect on the constitutional protection of nature and its regulatory
development based on constitutional texts.
Keywords: Abya Yala, good living, rights of nature, legal pluralism
Published
2018-08-22

How to Cite

Antúnez Sánchez, A., & Díaz Ocampo, E. (2018). Legal Pluralism and the Rights to Pachamama. DIXI, 20(27). https://doi.org/10.16925/di.v20i27.2398
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