A terra como sujeito de direitos

Abstract

This research aims to discuss the possibility of the planet Earth be considered as a subject of rights. The theme is new, because dignity and rights were reserved only to humans, since still predominates an anthropocentric view of reality. From the hypothesis that there is that possibility, the text seeks to justify it with the use of philosophical and judicial arguments. The juridical consecration of the Earth is a being endowed with subjec-tivity and therefore in dignity and rights can stimulate a symbolic generalization of ecologi-cal awareness as a point of the necessary sustainable development, which is already happen-ing in some Latin American countries. Given this context, the relevance of the research is to warn the urgency of the situation. The paper's overall objective is to demonstrate the possi-bility of conceiving the planet Earth as a subject of rights. The specific objectives are to propose the design of Earth as a subject of rights as a starting point for awareness of the urgency of environmental issues and proposals for their solution; to highlight the urgency of the environmental crisis and the emergence of new systemic paradigm of reality; to demon-strate legislative experience on the topic; and to discuss the advances in design to the Law and to knowledge in general. The theme will be investigated through descriptive, explanato-ry and exploratory analysis, performing an overall research, including doctrine, legislation and jurisprudence. The studies lead to the conclusion, based on philosophical and legal fundamentals, that is possible to rationally justify the consideration of the Earth as a subject of rights.