A natureza como sujeito de direitos: perspectiva de um estado de direito ecológico no Brasil

Abstract

This study examines the legal feasibility of recognizing nature as a subject of rights in Brazil, within the context of the Ecological Rule of Law and the growing need for environmental protection. The research is guided by the central question: is it possible and legally feasible to grant legal personality to nature within the Brazilian legal system? The primary objective of this investigation was to analyze the theoretical and normative foundations, as well as scientific literature, that support this concept, in addition to examining municipal legislation that has already made progress in this direction and international experiences, such as that of Ecuador. To this end, the study employed a qualitative approach, based on bibliographic and documentary research, including the analysis of legal norms and judicial decisions. The findings indicate that, despite the doctrinal and institutional challenges, this recognition is legally feasible, particularly based on the principles of the dignity of life and sustainable development. The study concludes that recognizing nature as a subject of rights may constitute a significant step forward for environmental protection in Brazil and that the topic warrants further legislative, legal and academic exploration.