O Acordo de Escazú e a ecologização da democracia ambiental

• Ano de defesa: 2022
• Autor(a) principal: Lopes, Lucas Lelis
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Mato Grosso; Brasil; Faculdade de Direito (FD); UFMT CUC - Cuiabá; Programa de Pós-Graduação em Direito
• Palavras-chave em Português: Acordo de Escazú; Democracia ecológica; Acesso à informação ambiental; Participação do público; Acesso à justiça; Direitos da natureza; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Escazú Agreement; Ecological democracy; Access to environmental information; Public participation; Access to justice; Nature's rights
• Link de acesso: http://ri.ufmt.br/handle/1/5413

The present research seeks to answer whether there is a possibility of representing the interests of nature, animals and future generations in the democratic environment, from an ecological reading of human rights. Therefore, its main objective is to highlight that, in the context of Latin America and the Caribbean, the Escazú Agreement offers important tools for the instrumentalization of the rights of the non-human community and of future generations, to favor the insertion of these new subjects of law in the deliberative space. In addition, it seeks to demonstrate that, in a scenario of conceptual and methodological evolution of environmental law towards ecological law, ecocentrism is relevant to justify the attribution of rights beyond human life, to inspire a new direction in the relationship established by the humanity with nature. It is also intended to point out that ecological constitutionalism offers the possibility of improving the theory of human rights within the democratic space, with the addition of the rights of nature. Another scope is to present the Latin American reality as conducive to the flourishing and development of the rights of the non-human community and future generations. In terms of methodology, bibliographic research was used, through the analysis of books, scientific articles, international documents, international treaties, legislation, and judgments, using the deductive method. Thus, the research is divided into three chapters. The first presents the vulnerability of the environment in which one lives and the need for its balance so that rights can be enjoyed by all. It is emphasized that it is possible to think about the attribution of guarantees to new subjects of law, non-human beings, and future generations, characterized as vulnerable beings for not having the means to defend their interests by themselves. In the second chapter, it is indicated that, within the democratic space, vulnerability constitutes an important element for the orientation of human rights and the rights of nature, whose convergence finds in ecological justice a format suitable for the insertion of humans and non-humans. In the third chapter, it is adjusted that, under the lens offered by the Inter-American Court of Human Rights, based on the understanding established in Advisory Opinion No. nature, enabling the greening of environmental democracy. In this sense, it leads to the idea that access to information, public participation and access to justice are relevant instruments for claiming rights for nature, animals, and humans of the future.