A justiça ecológica e os direitos da natureza: a dignidade da vida no constitucionalismo latino-americano

Abstract

This paper addresses the issue of the issue of how nature is conceived in the contemporary world where natural resources are seen as things and property. The present study analyzes the proposal of ecological justice as a new environmental paradigm. From the analysis of the contexts of justice and the development of theories of justice, we try to understand how justice and the environmental issue are linked in a context of environmental protection. The present study aims to establish a new environmental paradigm, based on the idea of succeeding parameters, to infer the theory of Ecological Justice as a fundamental means of protecting natural resources. Through the analytical and hermeneutical method and bibliographical research it is sought to investigate the possibility of Ecological Justice establishing itself as an effective model for environmental protection, based on the perspective of consideration of interests of other living beings. This idea of protection is based on the context of dignity beyond human beings, recognizing intrinsic values as justification for granting rights. The evaluation of the capacities and the combination of the concepts of justice and compassion will be fundamental for the understanding of this perspective of differentiated justice that aims at a resignification of the other subjects. The first chapter deals with the communication between the Theories of Justice of MacIntyre and Nussbaum, addressing the idea of justice and rationality of the first author, with the perspective of justice of the individual, an internal and part justice of the singular, and the idea of compassion, with the adhesion of other living beings to the understanding of justice, applying it also to the others. Already in the second chapter what is presented is what is really meant to contextualize ecological justice within the context of Latin American constitutionalism, where, through the Rights of Nature, ecological justice begins to flourish. Finally, in the third chapter, we seek to concretize the principles of ecological justice through normative power, public policies of care and environmental education.