Banca de DEFESA: Eduardo Wallan Batista Moura

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Eduardo Wallan Batista Moura
DATE: 17/03/2023
TIME: 09:00
LOCAL: https://us04web.zoom.us/j/78911738933?pwd=eWp2xjSWT3IYz2vK31etZGXlE6Wkbl.1
TITLE:

"RIGHTS OF NATURE AND THE PROBLEM OF CONSTITUTIONALISM IN PERIPHERAL MODERNITY".

KEY WORDS:

Rights of Nature; Extractivism; Symbolic Constitutionalization; Ecological Transdemocracy; Alternatives to Development.

PAGES: 135
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present research consists in comprehending the implications of the process of constitutionalization of the rights of Nature in the constitution of Ecuador in 2008, investigating its role as a tool for tensioning the modern rationality of development. Through a theoretical approach with empirical interfaces guided by the quadripolar method of social science research, the study focuses on the implications arising from the constitutionalization of the rights of nature in a context in which the reproduction of the dynamics of accumulation of capitalism typical of the periphery of the system prevails: the extractivism. As a result of the analysis of the conflict between rights of nature and the extractivism, the research demonstrates that the constitutionalization of rights of nature in Montecristi has an ambivalent character: on the one hand, the hypertrophied symbolic dimension that produces a fracture between reality and constitutional text, resulting in an insufficient concretization of the constituted norm; on the other hand, it creates an innovative semantics of rights of nature protection based on its inherent values, tensing the cognitive imperatives of modernity and creating learning mechanisms that propagate the new ecocentric paradigm around the planet: biocentric transconstitutionalism. As a result, the research presents the limits of biocentric transconstitutionalism, considering the structural asymmetries between the centre and the periphery, pointing out that the realisation of the rights of nature requires two paths for its implementation: firstly, as a condition of possibility, ecological transdemocracy, which concerns the political dimension of respect for the otherness of the political-economic decisions of sovereign states; and, allied to this, the overcoming of the modern rationality of development.

BANKING MEMBERS:
Externo à Instituição - EDVALDO DE AGUIAR PORTELA MOITA - UFF
Presidente - 1134743 - MARCELO DA COSTA PINTO NEVES
Interno - 1929118 - PABLO HOLMES CHAVES
Externo à Instituição - RODRIGO PORTELA GOMES - IDP