How far does the constitutional right to an ecologically balanced environment go? An analysis of the Brazilian position in the face of the new Latin American constitutionalism

Abstract

This article sought to analyze the limitations imposed by Brazilian constitutional law on the recognition of nature's rights in the country and how constitutional courts could contribute to a paradigm shift. To this end, the legal problem was identified through design thinking and a solution proposal was presented. Doctrinal and jurisprudential research was also used to analyze how other countries in Latin America have discussed the theme and what lessons could be drawn from the constitutional movement called "new Latin American constitutionalism". It was observed in 18 decisions of the Supreme Court that the environment is still treated based on anthropocentric paradigms that prevent a closer comprehensive constitutional text, as seen in other Latin countries. However, individual judicial decisions and legislative proposals have guided the discussion on the intrinsic value of nature and the need for readjustment of the right subject in Brazil. Thus, this article provides a challenge to decision makers on the basis of the Brazilian conceptions concerning the environment constitucionalism and, through through a new interpretation of the word "all" present in the caput of art. 225 of the Brazilian Constitution, provides a solution to an old problem, namely: the evolution of paradigms for the recognition of nature as a subject of law.