Nature as a subject of right

analysis of the cases of Mariana and Brumadinho based on social comparative and environmental studies

Abstract

The recent ecological disasters in Mariana (2015) and Brumadinho (2019), in the state of Minas Gerais, Brazil, have brought light to the need for further reflection on the preservation of the national environment. The Brazilian legal system, based on an anthropocentric model of human interaction with nature, considers the nature as a resource available to man, with few restrictions on its use, which, in fact, do not guarantee protection, and do not guarantee the recovery of ecosystems affected by human hands. It is possible to realize, however, that such a paradigm about environmental norms is in disconnect with other Latin American countries, which, driven by the New Latin American Constitutionalism, began to recognize and declare rights to nature, making a normative reading based on biocentrism. Thus, the general objective of this paper is to verify the possibility and use Comparative Law for a change in the legislation regarding the legal status of nature, with the objetive of recognition the nature as a subject of right, from the analysis of environmental disasters in Mariana and Brumadinho, thus demonstrating the importance of comparative environmental studies. The work uses a exploratory-explanatory legal methodology and the theoretical method, notably through a bibliographical approach. In the end, it is concluded is feasible to use comparative studies in environmental for a change in national legislation on the legal status of nature, in order to provide greater preservation of the environment, as well as guaranteeing quality of life for current and future generations, in the wake of what other Latin American countries have been doing.