The Non-Observance of the Right of Nature in Thecuban Constitutionalism. Analysis of the Land Water Law in the Legal System

The research presented addresses the connotation of the non-observance of the right of nature in Cuban constitutionalism from the analysis of Law No. 124, of terrestrial waters from the study of Comparative Law, in relation to the legal framework of Latin American countries that do recognize the rights of nature in their legislation within the legal systems, in order to determine the impact of this non-observance on the legislative gaps in the environmental legal system studied.Materials and methods: Theoretical and empirical methods were used, as well as techniques and procedures of scientific research, theoretical doctrinal analysis of the categories involved in the delimitation of legislative gaps based on the most representative theoretical references to conclude that the legal system Cuban protects the right of people to use and enjoy that environment; not the right of nature to be used, guaranteeing its own subsistence as provided for in other legal systems, the lower hierarchy norms follow this legal logic.That of analysis and synthesis, to systematize the main elements studied; comparative law, to know the regulatory treatment of the water resource.The bibliographic review, to know the criteria of scholars on the subject.Results: the identification of possible legislative gaps in the aforementioned legal norm is provided and it is noted as an idea to defend the non-observance of the right of nature, by conditioning the presence of axiological legislative gaps in the legal norms of environmental content in the Cuban legal system., incident to its future perfection by the legislator.