Ecological Protection and Redress in the Face of Violations of the Rights of Nature in «acciones de protección» in Santo Domingo (Ecuador)

Abstract

This article analyzes, from a socio-legal and historical perspective, violations of the rights of nature and the effectiveness of reparations ordered in «acciones de protección»  actions processed in the canton of Santo Domingo, Ecuador, between 2010 and 2025. Through a narrative-normative approach, it examines the constitutional, normative, and jurisprudential evolution of these rights and systematizes cases related to illegal mining, deforestation, river pollution, and urban-agro-industrial expansion. The findings reveal a persistent gap between the constitutional promise of comprehensive reparation and its effective implementation: in more than 65% of the cases analyzed, the ordered measures were not implemented or were only partially fulfilled. This non-compliance is explained by institutional fragility, weak post-judgment monitoring, and extractive pressures that subordinate ecological protection to economic interests. The study concludes that the effectiveness of the rights of nature requires binding enforcement mechanisms, citizen oversight, and territorial and community governance.