Work

Os dois caminhos para o reconhecimento dos direitos da natureza na América Latina

Year: 2026
Type: article
Abstract: Last years’ constitutional, legal and jurisprudential experiences point to two paths into the recognition of Rights of Nature in Latin America. This work collects the key features of this process which is over a decade old from an interdisciplinary perspective between anthropology and law to analyse both legal and case law on rights of nature. First, the path pursued by Ecuador’s Constitution and Bolivian legislation is developed which recognise the rights of nature; in consequence, national, provincial and local law bills were issued across the countries of the region. Second, some cases that recognise rights to certain ecosystems using arguments that revisit the law in an ecocentric way are dealt with. Our thesis holds that this expanding process of rights implies of environmental justice since it brings back knowledge and practices absent in this field; it establishes new figures such as river guardians and it stops the North-South knowledge and legal tools unidirectional production adding worlds where the institution is not exclusively human.
Source: Conicet
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W7211981870
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