O constitucionalismo ecocêntrico na América Latina, o bem viver e a nova visão das águas

Abstract

It is, in this article, the ecocentric Latin American constitutionalism, particularly in the Andes, where it operates a paradigmatic revolution of the law, from the ecocentric working through the constitutionalisation of the rights of nature (Pachamama) and culture Good Living. Under the inspiration of the Andean worldview, is positive, from the Ecuadorian Constitution of reforms in 2008 and Bolivia in 2009, the prevalence of the culture of life and the interdependence among living things, based on the value of harmony, fold on principles such as reciprocity and complementarity. From this new eco-centric paradigm are analyzed, innovations on the legal treatment of water and its public policies, as proposed by the Well live in Ecuador (Sumak Kawsay) and Bolivia (Suma Qumana) as well as for its radiations the world, in particular its influence on the view of the waters of the People's Summit at Rio + 20. Depending on this new ecocentric view of the water, the right to water rises to a level of human rights, inseparable from the right to life and other human rights; emancipate it from the economic conception of water as a resource or capital asset necessary for the production and hostage logic of the market, considering the common heritage of society; is prohibited, as a result, the commodification and privatization of services related to water, and, in a bold step, in constitutional law in Ecuador, moved the legal treatment of the water, that object becomes the subject, from the compreen-is that water, like other living things, is nature of component (Pachamama) and source of life.