PP1036
Analítico de Periódico
GUTMANN, Andreas, e outro
Should the absentees have standing? : the fundamentals that justify nature accessing justice in Germany and Ecuador / Andreas Gutmann, Viviana Morales Naranjo
VRÜ. Verfassung und Recht in Übersee, a.54 n.3 (2021), p.331-351
DIREITO DO AMBIENTE, PROTECÇÃO DO AMBIENTE, ACESSO À JUSTIÇA, PROTECÇÃO DA NATUREZA
The law is deeply anthropocentric and tends to exclude nature from court proceedings. Consequently, in most states, pollution and destruction of ecosystems or animal abuse cannot be challenged directly by nature. This has been challenged constantly by environmental, indigenous, and other social movements. Rights of Nature (RoN) have become one of their favorite tools to contest law’s anthropocentrism. The idea bases on the assumption that access to justice in environmental issues would become more effective, if nature had autonomous rights that can be claimed before courts. This paper focuses on giving voice to absentees by using the sociology of absences and emergences, developped by Boaventura de Sousa Santos. It investigates how so called rights of nature were born out of different non-hegemonic views on nature and the collaboration of different social movements. It focusses on two constitution‐al orders (Germany and Ecuador) that heavily diverge regarding the consideration of nature’s claim in order to show how legal systems deal with emerging bio- and ecocentric demands.