THE PHILOSOPHICAL AND JURIDICAL FOUNDATIONS THAT JUSTIFY THE RECOGNITION OF MOTHER EARTH AS A SUBJECT OF RIGHT

Abstract

This work develops the philosophical and legal foundations to award and recognize rights to Mother Earth, specifically, the need for Mother Earth to be recognized as a subject of rights is raised, however, in this regard, there are some doubts about its viability and, especially, on the foundations that support it, for that reason, the objective of the research was to establish the philosophical and legal positions - or currents - that support the recognition of Mother Earth as a subject of rights. The methods used were documentary and hermeneutical analysis, in turn, the technique used was direct-observation, which consisted of analyzing the relevant bibliography to the subject of study. Finally, the results that have been reached are: (i) the philosophical positions such as the philosophy of liberation and the Andean philosophy, and, (ii) the legal positions such as indigenous law and legal pluralism, in both cases, support and they justify the recognition of rights to nature, in turn, they promote the transition from anthropocentrism - centrality of man and his dignity - towards biocentrism - centrality of life and respect for the diversity of species. With which the presence of philosophical and legal foundations for the recognition of mother earth as a subject of rights is exposed.