Indigenous Peoples and nature protection: On the way to an "ecocentric hermeneutic turn"

Abstract

The present work aims to examine: (i) the role that Indigenous Peoples, their constitutional regime and institutions can play in the protection of Nature, and vice-versa; (ii) a possible hermeneutic turn in the interpretation of the mentioned regimes, which implies the overcoming of an anthropocentric paradigm by an ecocentric paradigm, with the potential to re-signify the entire legal order. With this purpose, section 1 covers some operational concepts and categories; sections 2 and 3 deal with the constitutional regime applicable to Indigenous Peoples and Nature; section 4 deals with international human rights law on the matter; section 5 explains the relationship of reciprocal protection between Indigenous Peoples and the environment; section 6 addresses the mentioned hermeneutic turn. The work is essentially based on bibliographic review.