Pachamama and the Right to Life: Thoughts in the Perspective of the New Latin-American Constitucionalism

Abstract

The study aims to bring a reflection on Pachamama as a tool to guarantee the right to life in the new Latin American constitutional systematic. Pachamama, in the Andean culture, is considered more than a deity, being the nature that creates and recreates the elements of life, and the human being is part of it, worthy of legal protection. The Constitutions of Ecuador and Bolivia are tools that enable a plural sustainability, recognizing nature as a subject of rights, multiculturalism, plurinationalism, giving them rights hitherto relegated. On the other hand, Brazil's Constitution does not recognize nature as a subject of rights, but protects the environment in order to ensure the balance and quality of life for present and future generations, which shows an utilitarian nature protection. Finally, it is concluded that the protection given to Pachamama promotes balance and animal and human survival. During the preparation of the article it was used the descriptive /qualitative method, through bibliographic research using primary and secondary sources.