A natureza como sujeito de direito constitucional: contribuições do Equador para o aprimoramento brasileiro na perspectiva do transconstitucionalismo

Abstract

This dissertation explores the possibility of overcoming the constitutional view that positions nature merely as a source of resources in Brazil, by adopting a constitutional guardianship of the environment that situates nature as a subject of intrinsic rights. To achieve this, it analyzes the Constitution of Ecuador of 2008, the first in the world to grant legal subject status to nature within its constitutional framework, with the contribution of the transconstitutionalism methodology proposed by author Marcelo Neves. Building upon this perspective, the work proposes opening up Brazilian constitutional environmental protection to two non-state rationalities: the conception of nature as a living entity according to the view of traditional peoples, with the mobilization of the reformist derivative constituent power in this direction, and, subsidiarily, the immediate implementation of this reality in the country through the path of control of conventionality of international environmental jurisprudence. Finally, after documentary and bibliographic research, and analysis of jurisprudence on the subject in both countries, it identifies Brazil's persistence in the constitutional thinking prior to the ecological shift, advocating for the need to transition environmental law into a rights of nature in Brazil.