THE TENSION BETWEEN NEOLIBERAL DEVELOPMENT AND THE RIGHT TO AN ECOLOGICALLY BALANCED ENVIRONMENT THE COUNTER-HEGEMONIC THEORY OF HUMAN RIGHTS AS AN ALTERNATIVE

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Published: Apr 27, 2023
DOI: https://doi.org/10.18623/rvd.v20.2441

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Raquel Sparemberger
Fundação Escola Superior do Ministério Público (FMP)
https://orcid.org/0000-0001-9366-9237
Elisa Hartwig
Universidade do Vale do Rio dos Sinos (UNISINOS)
https://orcid.org/0000-0002-3093-7748

Abstract

This study aims to identify the relationship between neoliberal development and violations of the human right to an ecologically balanced environment. To this end, the research addresses the concept of neoliberal rationality, how the system presents itself today, its premises and consequences, and its relationship with the protection of the environment. In addition, the work clarifies the definition of the human right to an ecologically balanced environment, how it is recognized in modern constitutions and international treaties on the matter, and what are the contours of this human right and its importance today. Furthermore, this study presents alternatives to the neoliberal rationality and worldview, based on counter-hegemonic theories of human rights (Epistemologies of the South). The development of the study has as approach the analectic method, thought by Enrique Dussel.

Article Details

Issue
Vol. 20 (2023): Veredas do Direito “ Direito Ambiental e Desenvolvimento Sustentável, v. 20, 2023
Section
Articles

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Author Biographies

Raquel Sparemberger, Fundação Escola Superior do Ministério Público (FMP)

Postdoc in Law from the Universidade Federal de Santa Catarina (UFSC), Florianópolis/SC, Brazil. PhD in Law from the Universidade Federal de Paraná (UFPR), Curitiba/PR, Brazil. Professor at Fundação Escola Superior do Ministério Público (FMP), Porto Alegre/RS, Brazil, and at the Master’s Program in Law at the Universidade Federal de Rio Grande (Furg), Rio Grande/RS, Brazil.

Elisa Hartwig, Universidade do Vale do Rio dos Sinos (UNISINOS)

Master’s student in Public Law at the Universidade do Vale do Rio dos Sinos (Unisinos), São Leopoldo/RS, Brazil, with a CAPES/Proex scholarship. Bachelor of Law and specialist in Labor Law from Fundação Escola Superior do Ministério Público (FMP), Porto Alegre/RS, Brazil. Graduate student in Digital Law at FMP.