Direitos da natureza : uma proteção pro natura sob a perspectiva de um direito ecológico para a época do Antropoceno e sua aplicabilidade no sistema jurídico brasileiro

Abstract

The theme to be investigated is the recognition of Rights to the Nature as a more robust alternative for the protection of life on planet Earth, in the face of environmental degradation, resulting from society at risk. The split between humanity and nature, supported by an anthropocentric vision that inserts man as the only rational being endowed with moral value and dignity, made it possible for other forms of life beyond human life to be seen as a mere object endowed with economic value for human satisfaction. The relation established from this view raised the expropriation of nature to levels that led the Earth to a new Geological time called Anthropocene, which moves away from the ideal conditions identified in the Holocene period and which are considered essential for human life in the way we conceived it. The Anthropocene denotes the environmental crisis experienced and demands urgent measures to curb human voracity and to not exceed planetary limits. The relationship between humanity and nature needs to be governed by an ethic that assigns value beyond man, repositioning him as another living being within the living superorganism called Gaia. The legal structure that shapes social and man's relationships with nature needs to insert, or to recognize, that the protection of nature, its existence and the ecological integrity are fundamental for the continuity of life as a whole. Human laws must observe the laws of the natural environment. Therefore, the Rule of Law needs to evolve into an Ecological Rule of Law and in that there is an attribution of intrinsic value to all living beings, with some recognition of dignity beyond the man, with the consequent recognition of ecological rights. In this sense, the problem to be investigated is the incapacity of the legal structure based on an anthropocentric ethics to effectively protect life, the planet and humankind. As hypothesis there is the recognition of Rights for Nature through an ecocentric re-reading of the Constitution in relation to the ecological duties it establishes. Therefore, it is understood as a path the re-reading by the Judiciary through an environmental legal hermeneutics that uses criteria and principles aligned with the ecological content inherent to the protection of nature. Thus, this research will follow the hypothetical-deductive method in which the starting point is based on the set of theoretical elements that delimit the problem and which will be faced through one or more hypotheses.