From the modern individual to nature: decolonial perspectives of the concept of "subject of rights"

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Ariella Kely Besing Motter
Miguel Etinger de Araujo Junior

This paper proposes a debate on the reinterpretation of the classical concept of "Subject of Rights'' as an element intertwined with the achievement of Ecological Justice. It aims to reflect on the need for decolonial ruptures in legal theory especially in Latin American territories. It presents conceptions for Ecological Justice, with a special emphasis on the recognition of Nature as a Subject of Rights, as expressed in the Constitutional text of Ecuador (2008) and the infraconstitutional legislation of Bolivia (2010). Finally, it addresses the changes that such conceptions provoke to deal with such contemporary and complex reinterpretations. To do so, it uses Bibliographic Review, with a deductive method and a qualitative focus

Paraules clau
Latin America, modern law, private property, natural resources, subject of rights, decoloniality, nature's rights

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Com citar
Kely Besing Motter, Ariella; and Etinger de Araujo Junior, Miguel. “From the modern individual to nature: decolonial perspectives of the concept of ‘subject of rights’”. Revista Catalana de Dret Ambiental, vol.VOL 15, no. 1, https://raco.cat/index.php/rcda/article/view/430736.