Natureza como sujeito de direitos e Estado de Direito Ecológico: um panorama na jurisprudência do STF e as repercussões na Amazônia

Abstract

The present study aims to evaluate whether the treatment of Nature as a subject of rights in Brazil – notably in some municipal regulations, in proposed state constitutional amendments, and an emblematic decision within the scope of the STJ – as well as the anthropocentric conception extended in the jurisprudence of the STF, have the power to elevate Nature to the status of a subject of rights at the constitutional level, and what the repercussions would be for ecosystems, especially the Amazon biome. The methodology includes the legal-dogmatic and legal-social aspects, with inductive scientific reasoning and a theoretical research genre, consisting of a bibliographical review and jurisprudential and normative research. The broad anthropocentric conception of Nature established in the jurisprudence of the Federal Supreme Court, combined with the growing movement to recognize the rights of Nature in the infra-constitutional sphere, may indicate a path towards establishing the premises of a State of Ecological Law in Brazil, with direct repercussions on the protection of Amazon ecosystems.