Análisis jurídico-práctico de los delitos de acción privada contra animales que forman parte de la fauna urbana, su incidencia en los fallos de la corte constitucional de justicia y posibles reformas.

Abstract

Animals form an important part of the balance of life; It is the other side of the coin together with the human being, and embraced by Mother Nature, they form a triad that complements each other to the millimeter. However, both nature and animals had been overshadowed by anthropocentrism, leaving them behind in a merely providing role. Fortunately, with the evolution of the Law this gradually changed, giving more relevance to nature, and currently, to animals. Within this work, a legal analysis of crimes against animals that make up urban fauna is carried out, with the purpose of reflecting on the importance of strengthening the protection of the rights of these living beings. However, animals cannot be legally equal to human beings, due to their inability to acquire obligations. What must be guaranteed is their well-being and the crimes that attack them must be adequately penalized, since there is a deficiency in this, and it is precisely the problem to be addressed in this work. It is important that this type of crime be toughened, since the background of its commission could lead to mental illness, I mean, any person who can harm an animal has a good chance of doing it to a person. The correct effective protection of animal rights leads to an increase in their value to society; It leads us towards political, social, and human development; and brings us closer to healthy coexistence and Sumak Kawsay.