A natureza como sujeito de direitos no novo constitucionalismo latino-americano e seus reflexos na conjuntura jurídico e democrática

Abstract

Latin American Constitutionalism is a true movement that supports the effectiveness of democracy in social and power relations. From its origins to the present day, several its modulations and discussions in the legal, social and political field. The movement broke the traditional bases of European-based constitutionalism in force until then, confirming its plurinational and intercultural character. The rights of nature appear in the scenario of Latin American constitutionalism due to guaranteeing rights to nature as subjects of rights. Man's actions in favor of development, capitalism and extractivism they compromise the structures of the ecosystem, nature and everything that has life on earth. The study of democracy in the paradigm of the contemporary Constitutional State is justified because power, once intrinsic to democracy and rooted in relationships not only, but mainly political, environmental, cultural and social, inserted in this new form of State and Constitution, gives rise to the comparison of the rights of nature, of Latin constitutionalism American, the legal classification of the subject and its consequences in law. The case is addressed of Lagoa da Conceição, in the City of Florianópolis, in the State of Santa Catarina, in Brazil, that was a victim of environmental and natural degradation of its ecosystem, analyzing the action public civil law nº 012843-56.2021.4.04.7200, pending in the Federal Court of the 4th region, which deals with defending the rights of nature in Lagoa da Conceição. Social movements are important to guarantee the protection of the rights of nature in the Democratic State of Law and encourage discussion in the sphere of legal ecology. The problem with this research part of the idea that if democracy contributed to the emergence of the new constitutionalism Latin America, if it does not remain solid, what will be the consequences on the nature and how it is possible to add the rights of nature in the legal-constitutional situation Brazilian, given that the power structure remains unchanged? This study has the interest of making the reader reflect on their day-to-day actions and understand the need to defend the interests of powerful nature. The relationship between the content of the investigation and the associated line of research, that is, social relations and the dimension of power it is the support of the rights of nature as a subject of rights. The result is that the defense of the rights of nature is compatible with democracy and the rights of the Latin American constitutionalism, although there is ineffectiveness of the Public Power in guaranteeing assertively the interests of nature as an effective subject of rights. The technique used in the development of this study is based on the operational logic of the method hypothetical-deductive. The approach is qualitative, in terms of nature it is basic, the method of procedure is monographic and with a case study. The line of research is social dimensions and power relations.