HUMAN RIGHTS AND RIGHTS OF NATURE: CHALLENGES FOR THE LEGAL SYSTEM, THE STATE AND SOCIETY

Abstract

There are several contradictions that are evident with the environmental and civilizational crisis. In this context, the struggle for human rights and the recognition of the rights of nature, particularly in Latin America, are gaining prominence in the political, socio-environmental, and academic fields. This article aims to analyze the sociohistorical process of constitution and implementation of human rights and rights of nature in Latin America. The specific objectives are to highlight aspects of this sociohistorical process and to delve into the challenges faced by the state and civil society in achieving these rights. Two hypotheses guided this work: a) the reality of environmental contradictions, obstacles to the effectiveness of human rights, and difficulties in recognizing that the rights of nature are related to anthropocentric views; b) resistance to anthropocentrism marks new perspectives and fields of struggle for human rights and rights of nature in Latin America. Methodologically, bibliographic and documentary methods were used. We concluded by highlighting the flourishing of new constitutional and hermeneutical perspectives in favor of Human Rights and the Rights of Nature.