A Pachamama enquanto sujeito de Direito: Impactos teóricos e dogmáticos a partir do novo Constitucionalismo Latino Americano

Abstract

The new Latin American constitutionalism, especially through the constitutions of Ecuador and Bolivia, brings to the present day a constitutional model that emphasizes nature (Pachamama), thus expanding the legal concept of "subject of law", when not only being human being figured as such and had its rights recognized and defended. In this way, the article seeks to evaluate the impacts caused on traditional legal theory and dogmatics from the positivization of the rights of Pachamama provided for in the Constitutions of Ecuador and Bolivia. It is intended, therefore, to answer the following question: to what extent has the affirmation of the rights of Pachamama in the Constitutions of Ecuador and Bolivia impacted traditional legal theory and dogmatics? Based on the readings carried out, it becomes possible to affirm that only the positivization of rights is not a guarantee that they will be effective in practice, Plurinational States, from the New Latin American Constitutionalism, must increasingly free themselves of the political and economic patterns that have been reproduced for too long in Latin territories. The main objective of this study is to evaluate, from the perspective of Pachamama as a subject of law, the theoretical and dogmatic impacts from the new Latin American constitutionalism. In order to do so, the inductive approach method was used, starting from a critical analysis of the legal institute "subject of law" to, after, understand what were the innovations brought by the recent South American Constitutions when recognizing the own rights of Nature . The method of procedure was adopted through bibliographic research, through annotations and extended abstracts of the referenced works.