A terra como sujeito de direitos

Abstract

This research aims to discuss the possibility of the planet Earth to be considered as a subject of rights. The theme is relatively new, because dignity and rights were reserved only to humans, since still predominates an anthropocentric view of reality. Thus, the research questions the possibility of considering the Earth a subject of rights. From the hypothesis that there is that possibility, the text seeks to justify it with the use of cultural, philosophical and judicial arguments. In this vein, the legal consecration of the Earth is a being endowed with subjectivity and therefore in dignity and rights can stimulate a symbolic generalization of ecological awareness as a point of the necessary sustainable development, which is already happening in some Latin American countries. Given this context, the relevance of the research is to warn the urgency of the situation. The discussion of whether the planet is conceived as a subject of rights is not only to advance the law but also to other sciences, human or natural. The project's overall objective is to demonstrate the possibility of conceiving the planet Earth as a subject of rights. The specific objectives are to present the arguments to consider the Earth as being endowed with subjectivity, proposing 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 demonstrate legislative experience on the topic; and to discuss the advances in design to the Brazilian law and to knowledge in general. The theme will be investigated through descriptive, explanatory and exploratory analysis, performing an overall research, including doctrine, legislation and jurisprudence. The studies lead to the conclusion, based on a philosophical and legal, that is possible to rationally justify the consideration of the Earth as a subject of rights.