THE "NEW" RIGHTS AND THE IRRUPTION OF THE CONSTITUTIONAL PROTECTION OF NATURAL RIGHTS

Abstract

Fundamental rights were forged in modernity, at which time there was a movement of increasing appreciation of the human person and his dignity. According to the needs and struggles of society at every historical moment, the content and scope of fundamental rights were shaping at the beginning of this millennium, projecting new forms of rights, known as "new" rights. Among them, the rights of nature stand out due to the exhaustion of the model of development adopted by society, based on the domination of human beings over nature. This problematic mentioned the emergence of a "new" subject of law - nature, hitherto devoid of a statute of rights. In this scenario, the general objective of this paper is to analyze the rights of nature and the emergence of this "new" subject of law in the perspective of protection of "new" rights. In order to verify this objective, the following research problem was formulated: can nature be considered a "new" subject of law? In the elaboration of this article the descriptive / qualitative method was used, through bibliographical research. It was concluded that the affirmation of the rights of nature expresses an advance of enormous importance and that, in the near future, it must be present in almost all the Constitutions and that nature can be a holder of rights even if it can not manifest the interest in exercising it, because there is a collectivity that values the protection of them.