Abstract

VELIZ VALENCIA, Yolange. Contribution of the Constitution of the Republic of Ecuador in the extension of the concept person. Revista San Gregorio [online]. 2022, vol.1, n.50, pp.201-215. ISSN 2528-7907.  https://doi.org/10.36097/rsan.v0i50.1764.

The concept of person is analyzed as a legal category that acquires new nuances from the approval of the Constitution of the Republic of Ecuador, where, among other progresses, nature is securitized, by designating it as a subject of rights, which contributes to the discussion about the precision of the term person, a debate that must be addressed, immediately, by the scientific community, to contribute to establishing its scope under a critical reflection of the transformations that occur in the national and international legal system. The review responds to a documentary-legal study with a bibliographic review at an analytical level. The results allowed us to distinguish the legal perspectives that arise on the construct under analysis. It is concluded that, even when this legal-social construct since ancient times generates dissimilar interpretations, currently the problem is maximized when other categories are incorporated, among which animals as non-human persons stand out, an example of this is the decision to the room of the Federal Chamber of Criminal Cassation of Argentina, with which it is recommended to determine the term, adapting the academy to the new perceptions that society demands from the reality and current logic.

Keywords : Person; natural person; non-human person; legal person; subjects of rights.

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