Constitucionalismo latino-americano e direito ao meio ambiente : diálogos em busca de uma proteção jurídica de integridade

Abstract

In a context of multiple crises associated with global risks arising from human choices and threaten the existence of life in a future perspective, it is necessary to rethink how the Constitution can still have an important role as an instrument capable of mediating solutions of conflicts. Faced with the failure of the traditional model of constitutionalism to provide answers to the new challenges that humanity is facing, we need to promote a constitutional openness to dialogue and learning with external legal experiences, in order to facilitate the resolution of common problems among these orders. In this sense, the new constitutionalism brought by the constitutions of Ecuador and Bolivia, from principles derived from the culture of the indigenous peoples of Latin America, seeks to promote a new way of understanding the law and the state, through pluralism, good living and the rights of nature. The dissertation aims to examine how the Latin American constitutionalism can contribute to the strengthening of a path of constitutional learning that leads to understanding the environment integrated and interconnected with culture, identifying how is possible to improve the protection afforded by the fundamental right to the environment, in order to promote the objective of protection of nature and continuity of life, and protect collective and culturally diverse projects of life. For this, the methodology used was the literature review and the research of case law, especially in the Constitutional Court of Ecuador, the Plurinational Constitutional Court of Bolivia, and the Inter-American Court of Human Rights. In the development of the dissertation, it was affirmed the need to strengthen the conversation between constitutional cultures through the transconstitutionalism theory, the interconstitutionality and the global constitutionalism, emphasizing the Latin American experience. We checked the points where it is necessary to improve the protection at the national level, especially the protection of nature and life in general as an intrinsic value and the protection of collective and infinite projects of life, culturally determined, such as the projects of existence of indigenous people, wich was done, in the first case, demonstrating the failure of the idea of human dignity and, in the second one, the invisibility of indigenous people in Brazil. From this, we sought to build a dialogue with the Latin American constitutionalism, identifying similarities and differences between the constitutional experiences and, after, showing that, through a broad interpretation of the Constitution in line with the Latin American experiences it is possible to obtain protection of realities that are not limited to the natural elements, but understand that in a perspective of indivisibility in relation to social, economic and cultural aspects, so as to promote the protection of life in its entirety.