Summary:
In decision SU016 of 2020, the court confirmed its decision to revoke the habeas corpus granted to Chucho, the Andean bear. After holding a public audience where many experts spoke as to the possibility of granting wild animals the status of legal persons and the right to freedom, the Constitutional Court held that the judge that have granted habeas corpus had incurred in a legal error as animals have not a right to freedom, and the habeas corpus is a legal mechanism available for humans that are illegally and unjustly detained. It is no available to animals. Moreover, the court stated that there were other more adequate mechanism to guarantee the well-being of animals, such as an inquiry for intervention of the environmental authorities, or a popular action. With this decision, the status of animals remains the same. Animals are legally recognized as sentient beings, subject to special legal protection, and humans have the duty to take care of them.
Documents:
SU016-20.pdf (1.32 MB)