Uma Discussão Sobre Os Direitos Da Natureza a Partir Do Novo Constitucionalismo Latino-americano E Do Caso Do Rio Doce No Brasil/ Discussion on the Rights of Nature From the New Latin American Constitutionalism and the Case of Doce River in Brazil
Year: 2019
Type: article
Abstract: The new Latin American constitutionalism has opened up ruptures in juridical anthropocentrism, germinating other ways of understanding the human-nature relationship. In Brazil, the first initiative to recognize the rights of nature in court occurred in 2017, with the lawsuit filed by Rio Doce. In this theoretical perspective, we try to understand how the construction of the subject of law notion happened. Then we describe criticism that arose at the time of the disclosure of the judicial action in the media. From the case study we tried to question the framework potential and limitation of nature as a subject of law. Methodologically the research was based on bibliographical review and consultation to secondary materials. As a result, it is pointed out that the complexity of the socioenvironmental crisis is directly related to the modern project and, thus, rethinking the juridical categories becomes essential for the recognition of the limits of the hegemonic development model, which is fundamentally capitalist, individualist and eurocentric.
Source: Revista Culturas Jurídicas
Institution: Universidade Federal do Paraná
Language: Portuguese
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
Funder: Universidade Federal do Paraná
OpenAlex ID: W2943704850