RIGHTS OF THE RIVER: PERSPECTIVE OF PEOPLE AND CITIZENS UNTIL ENVIRONMENTAL LAW

RIGHTS OF THE RIVER: PERSPECTIVE OF PEOPLE AND CITIZENS UNTIL ENVIRONMENTAL LAW – SPECIAL SESSION

SPECIAL SESSION

Contextualization

In general, it was discussed how the rights of nature have become a central concern for academics, thinkers and activists in various discussions around the world. Therefore, radical changes are assumed in the ways of knowing and relating to the natural and non-human world and in our social, cultural and political way of life, which represents a fundamental challenge for the contemporary world. It was proposed to evolve from a limited and anthropocentric view of the river and to understand it not only as an object from which we use resources, without any precaution, but considering the perspectives of the various cultures on the river. Thus the river must be recognized as an entity with legal personality. This implies that the act of attacking or polluting the watercourse is now treated as if it occurred to a citizen of the country, with corresponding punishments and consequences with objective responsibility. In addition, the river could go to court, borrow money, acquire property, among other activities reserved for citizens.

Recommendations

As recommendations, understanding the river as a non-human agent is a biocultural, ancestral and sacred recognition of the river. Thus we treat the river in an integrated manner with the ecosystem, with the understanding that we are part of nature and that it is part of us. The main challenge is to ensure legal and practical mechanisms for the greening of the law, which recognizes the river as a subject of biocultural law and its intrinsic right to life. This discussion in Brazil may even be included as an interpretation in Article 225 of the Brazilian Federal Constitution, considering international experiences to configure this right in the country.

Conclusions

In conclusion, it has been proposed to go beyond the inclusion of laws on the rights of nature, by showing the contradictions of the current system, and by questioning the ever-increasing human “needs” and by moving beyond legal rights. To go beyond legal rights means moving towards a society whose moral consideration is not limited to human beings but extends to the entire Earth community. Water, for example, must be recognized as an environmental good of common biocultural use, and its relation/value as a commodity must be changed.