O Novo Constitucionalismo Latino-Americano (NCLA) e Direitos da Natureza

contribuições do ecofeminismo animalista decolonial

Abstract

 The article analyzes the limits of the New Latin American Constitutionalism (NLAC) in overcoming the coloniality of power, especially when it brought significant changes to issues of fundamental rights, but kept intact the tripartite separation of powers within the colonial paradigm. It starts from the following problem: To what extent does the New Latin American Constitutionalism effectively break with the coloniality of power and allow an ecocentric and pluralist reconstruction from a decolonial animalist ecofeminist perspective? Although constitutions such as those of Ecuador (2008) and Bolivia (2009) promoted relevant advances by recognizing buen vivir and the Rights of Nature, the maintenance of the logic of the constitutional “engine room”, in the terms of Roberto Gargarella (2014), can still be observed; therefore, it is necessary to democratize democratic decision-making. The research argues that decolonial animalist ecofeminism offers theoretical and practical contributions to radicalize the ecocentric and pluralist turn in the Global South, by articulating a critique of the coloniality of being, knowledge, and power with the defense of a community-based, multispecies, and relational reorganization of political and legal structures. This article adopted bibliographic and documentary research, with a qualitative approach, a hypothetical-deductive method, and a critical-decolonial perspective, through bibliographic and documentary research.