PHILOSOPHICAL AND LEGAL THEORIES TO CONSIDER THE LAND SUBJECT OF RIGHTS: FUNDAMENTALS AND REASONS SINCE THE POLITICAL AND LEGAL PRACTICE

Abstract

This work develops the philosophical and legal foundations to assign 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 fundamentals that support it, for that reason, the objective of the investigation 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 that consisted in analyzing the bibliography relevant to the subject of study. Finally, the results to which they have arrived are: (i) the philosophical positions as philosophy of liberation and Andean philosophy, and, (ii) legal positions such as indigenous law and legal pluralism, in both cases, substantiate and justify the recognition of rights to nature, in turn, promote the transit of 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 foundation for the recognition of pachamama as a subject of rights is exposed.