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Trabalho de Conclusão de Curso - Graduação
A Natureza como sujeita de direitos: análise das correntes doutrinárias e o caso do Rio Doce
The environmental disasters that have occurred in the world have generated several ecological crises, among them the water crisis, before that, a debate is promoted regarding the treatment given by the human being to nature, through a perspective that considers the intrinsic value of living be...
Autor principal: | FARIAS, Fernanda Daniele Menezes |
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Grau: | Trabalho de Conclusão de Curso - Graduação |
Publicado em: |
2022
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Assuntos: | |
Acesso em linha: |
https://bdm.ufpa.br:8443/jspui/handle/prefix/4745 |
Resumo: |
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The environmental disasters that have occurred in the world have generated several ecological
crises, among them the water crisis, before that, a debate is promoted regarding the treatment
given by the human being to nature, through a perspective that considers the intrinsic value of
living beings, being contrary to the prevailing current model adopted in the legal systems,
which is anthropocentrism. Thus, the intention is to analyze the water pollution faced by the
Doce River, due to the disaster of the Fundão / MG dam rupture in 2015, which caused
several consequences, among them, the death of several species of fish and contamination of
the riverbed, therefore, in 2017 the Pachamama Association through an action required the
recognition of the right to life and health of the Rio Doce, in this sense, the case of
recognizing nature as a subject of law would be a way of ensuring the rights of nature. In
International Law there are some cases of recognition of nature or, more specifically, of
rivers, as a subject of rights, adopting a posture of Ecocentrism and/or Biocentrism. Such
research is justified in view of the current treatment given to nature in the legal system and the
environmental damage provided, with a possible modification of the treatment paradigm
between human beings and nature. The general objective of the study is to identify, in the case
of the recognition of nature as a subject of rights, it would be a way to guarantee the
protection of nature. The method used in this research is the case study, through a deductive
method approach, with the procedure of the monographic method and indirect documentation
research technique, with a predominance of the bibliographic, with the analysis of books and
articles, of in a complementary manner, case law and legislative techniques will be used. In
fact, although the recognition of rights to nature is an advance in Environmental Law, which
aims at greater protection, there are still some difficulties for its implementation, so it is
necessary to develop the instruments in order to ensure such rights. |