Abstract
This paper aims to: (i) examine the role of constitutional norms which recognize the rights of Indigenous Peoples as well as act in defense of Nature in Brazil, and vice versa, regarding the rules for the protection of Nature and its interaction with Indigenous Peoples’ rights; (ii) examine a possible "hermeneutic turn" in the interpretation of norms that lead to the overcoming of an anthropocentric paradigm towards an ecocentric one, with the potential
to redefine the meaning of the entire normative order; (iii) based on this experience, contribute to the critical approach of other Latin American regulatory
contexts that face similar challenges in the relationship between the environment and Indigenous Peoples. For these purposes, section 1) explains some concepts and operational categories; sections 2) and 3) deal with the constitutional regime applicable to Indigenous Peoples and the Nature in Brazil; section 4) addresses the norms of International Human Rights Law that regulate both issues. Section 5) explains the relationship of mutual protection between Indigenous Peoples and Nature. Section 6) analyzes the scope of the ecocentric hermeneutic turn in the constitutional sphere. The work is essentially supported by a bibliographical review.
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Copyright (c) 2023 Juan Jorge Faundes Peñafiel, Patrícia Perrone Campos Melo, Renata Helena Souza Batista de Azevedo Rudolf