Resumo

MOYA, PEDRO HARRIS. Nature's Right to Restoration in Ecuador and their Equivalents in Chilean Environmental Lawsuits. Rev. Derecho Estado [online]. 2023, n.54, pp.201-226.  Epub 04-Fev-2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n54.07.

Under the influence of the Constitution of Ecuador, different proposals call for a recognition of the rights of nature in Chilean law, including the right to its restoration. Despite the novelty that this process has entailed, Chilean law has different techniques that allow observation of its proximity to the solutions applicable in that country. This proximity is not produced by the recognition of the rights of nature, but by the imposition of legal burdens and obligations that positively affect their conservation. This approach allows appreciation of the consecration of a different model, built on the basis of different legal imperatives, which allow a comparative efficiency to be achieved.

Palavras-chave : Environmental damage; ecological damage; restoration of nature; environmental reparation; rights of nature.

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