Cultivos Transgénicos y sus Casos de Excepcionalidad a la Introducción al País

Abstract

This paper analyzes the meaning of the exceptionality set forth in article 401 of the Ecuador Constitution with respect to the declaration of the country as a GMO-free country and whether it represents a violation of the constitutional principles that have been properly established on the Rights of Nature, in order to provide guidelines to follow regarding the situations or requirements that must be met for the exceptional acceptance of the entry of this type of crops to proceed. Within this analysis, the motivations that laid the foundations for the establishment of this constitutional declaration were addressed, so that the true spirit of the exceptionality that the same article establishes can be understood. Through the methods of interpretation established by the Organic Law of Jurisdictional Guarantees and Constitutional Control, guidelines have been established to be followed before the executive branch admits a particular case, taking into account above all a weighing of rights for the concrete and particular case to be admitted as exceptional.