I diritti della natura in Brasile ed Ecuador: un'analisi comparatistica tra costituzionalismo ambientale e buen vivir

The Rights of Nature in Brazil and Ecuador: a comparative analysis between environmental constitutionalism and buen vivir

Abstract

This research presents the results of a comparative analysis regarding the protection of the rights of Nature between Brazil and Ecuador. Starting from the debates about anthropocentrism and biocentrism and the global evolution of environmental constitutionalism, the work focuses on the study of the constitutional, legislative, jurisprudential, and cultural legal formants of the selected countries and concludes that Brazil and Ecuador have adopted different paths regarding the recognition of the rights of nature, but both countries seem to face serious contradictions between text and constitutional context, which derive directly from the peripheral capitalist and neo-extractivist scenario in which they are inserted.