DA NATUREZA (DA ÁGUA) E DOS DIREITOS: OS RIOS ENQUANTO SUJEITOS DE DIREITO

OF THE NATURE (OF WATER) AND RIGHTS: THE RIVERS AS SUBJECTS OF LAW

Abstract

This article contrasted the anthropocentric perspective predominant in environmental debates with ecocentric approaches, emphasizing the physiocentric position adopted by Ecuadorian and Colombian constitutionalism. The research aimed to address how nature can be accommodated within contemporary legal rationality and what the relationship between the rights of nature and human rights might be. The general objective was to analyze the implications of legally recognizing rivers as subjects of rights to overcome the anthropocentric paradigm. The specific objectives included discussing the rights of nature as an analytical category, examining the legal foundations of decisions involving the Vilcabamba and Atrato rivers, and assessing the impacts of these decisions on state planning, environmental protection, and the defense of local populations' rights. The methodology, based on a qualitative approach, utilized literature review and documentary analysis of legislative and jurisprudential frameworks related to the selected cases. The study highlighted that recognizing the rights of rivers reflects a paradigmatic shift inspired by the Andean cosmovision and the concept of buen vivir but faces practical challenges concerning the implementation of judicial decisions and the enforcement of environmental reparations. Nevertheless, the analyzed cases represent significant precedents for the consolidation of ecological law in Latin America.