O novo constitucionalismo latino americano e a transformação do pachamama em sujeito de direito : possibilidades e potencialidades de garantia constitucional

Abstract

The Pachamama and the right to land (constitutional guarantee) is the subject of this study, which aims to examine the right to land, not only from an anthropocentric view, but allowing it to be endowed with subjectivity that has dignity and rights . The study is justified to the extent that sobrelevamos the concept that indigenous peoples must be holders of rights over land and under the aegis of the constitutional right that deserves to be protected in order to ensure the livelihood of the people, as well as the healthy quality of life . The guiding of the study problem: the legal consecration of the Earth is a being endowed with subjectivity and possessor of dignity and rights is feasible consolidation in Brazil compared to the current constitutional context. For its development trod up the paths of literature, qualitative-critical and theoretical and historical aspects. The data investigated were organized into chapters, following the guidance of Bardin (Analysis Categories), interpreting and analyzing the socio-historical and legal contexts in which they promoted the ideas that come from mother earth. As a result, it was found that the Environmental Law provides alternatives that give support to minimize the ongoing environmental degradation caused by man, which worries environmentalists, managers, educators, lawyers. In Brazil, little more than fifty years, the legal-environmental thinking has evolved geometrically, through the stages of riotous and fragmentary exploration, culminating with a holistic view of the environment. However this is not enough, it is important to say that the motherland of protection (Pachamama) must be rooted in the ethical, legal, moral, human; salutary both for man and for nature as a whole, thus glimpsing-compliance with laws that are guided in the subjects of law, but above all respecting the great creative and sustaining life on the planet - the MOTHER EARTH .