UDTR Global Rights of Nature Radar

O “novo” direito à àgua no constitucionalismo da América Latina

Identification

Public canonical key

doi:10.5007/1807-1384.2012v9n1p51

Authors

Antônio Carlos Wolkmer · Sérgio Augustin · María de Fátima Schumacher Wolkmer

Reported year

2012

Reported language

pt

Source type

article

First detected

2026-11-09T19:11:25.297888+00:00

Last metadata observation

2026-11-09T19:17:37.942701+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Universidade Federal de Santa Catarina · Universidade de Caxias do Sul

Documentary abstract — original language

The article analyses some elements of the Andean cosmovision that originated the New Latin-American Constitutionalism, and specially, the right to the water. In this new culture, oriented to the Buen Vivir (well living), the human right to the goods indispensable to the life is seen as a common inheritance, hence projecting itself to all living creatures, as well as to the future generations. This understanding represents a paradigmatic change already present in some Constitutions, as from Bolivia and Equator, assuming the understanding of the community in harmony, respect and equilibrium with life, celebrating the Pachamama (Mother Earth) from which all the living creatures are a part. In this perspective, having the Biocentric Ethics as a fundament, they bound the right to water to the right to the nature, orienting its management to the Buen Vivir. In this context, the political changes and the new social processes of fighting in the Latina-American States gave birth not only to new Constitutions, resulting in new social actors, plural realities and challenging biocentric practices, but, equally, considering the diversity of the cultures from the minorities, the uncontested strength from the indigenous peoples from the continent, the sustainable development policies and the protection of the natural common resources, point to a new constitutionalist paradigm, a Pluralistic Constitutionalism – synthesis of an indigenous, autochthonous, hybrid Constitutionalism.

Identifiers

OPENALEX

W2036885899

DOI

10.5007/1807-1384.2012v9n1p51

Documentary context

Documentary family

Scholarship

Source-reported types

article

Natural entities mentioned

Mother Earth · Pachamama

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.5007/1807-1384.2012v9n1p51
• OpenAlex · https://openalex.org/W2036885899

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

• openalex:w2133319134 · CITES

4 incoming references within the detected corpus

Documentary status

Relevance pending

Library

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