Nature as a subject of rights in the 2008 Ecuadorian Constitution and their legalization by Bolivia in 2021: from Anthropocentrism to Ecocentrism
This study seeks to identify, through the Constitution of Ecuador, approved through a popular referendum, coming into force on October 20, 2008, and the Bolivian Constitution, which sought to collectively build a Social Unitary State of Plurinational Law, the principle and legal assumptions for the...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Universidade do Estado da Bahia (UNEB) |
| Repositorio: | Revista Ouricuri (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:revistas.uneb.br:article/22530 |
| Acceso en línea: | https://www.revistas.uneb.br/ouricuri/article/view/22530 |
| Access Level: | acceso abierto |
| Palabra clave: | Natureza ecocentrismo Tutela jurídica Constituição Nature Ecocentrism Legal Protection Constitution Naturaleza Ecocentrismo Protección Jurídica Constitución |
| Sumario: | This study seeks to identify, through the Constitution of Ecuador, approved through a popular referendum, coming into force on October 20, 2008, and the Bolivian Constitution, which sought to collectively build a Social Unitary State of Plurinational Law, the principle and legal assumptions for the recognition of nature as a subject of rights, beyond anthropocentrism. In this sense, an urgent change in the legal and cultural field is therefore necessary, considering that thinking about the environmental issue means reflecting on the relationship between social beings and nature, in other words, on the relationship of equality between man and nature itself. It is necessary to take care of the intimate connections that exist throughout the natural world – of which Man is an integral part. Thus, the text proposes, based on documentary research, with literature review and constitutional analysis, to understand the recognition of nature as a subject of rights and the lessons that can guide our journey in search of new legal paradigms. To the same extent, it becomes imperative to overcome the anthropocentric paradigm, insofar as it discusses respect for nature based on a reflection on the meaning of existence and the evolutionary process, both of the universe and the cosmos. In the end, based on the analysis of nature protection standards or “Pachamama”, it was also verified that it is legally possible and necessary to guarantee the granting of broad ecological protection, highlighting the importance of the ecocentric perspective, in the sense of consider the earth our common home, under the mantle of Environmental Ethics. |
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