FOR PACHAMAMA’S RIGHTS AND FOR THE LIVING WELL. FROM THE NEED TO RE-SIGNIFY THE RELATION OF HUMANITY WITH PLANET EARTH AND A NEW ECOCENTRIC, COMUNITARIAN AND SOLIDARY SOCIAL-ENVIRONMENTAL MODEL Germana de Oliveira Moraes1 SUMMARY. INTRODUCTION. I. THE ECOCENTRIC CONSTITUTIONALISM IN THE ANDES: FOR PACHAMAMA’S RIGHTS AND FOR THE LIVING WELL II. LIVING WELL – A NEW MODEL OF ECOCENTRIC, COMMUNITARIAN AND SOLIDARY ENVIRONMENTAL CIVILIZATION 2.1. LIVING WELL SOCIAL- IN EQUADOR’S (SUMAK KAWSAY) AND BOLIVIA’S (SUMA QAMAÑA) CONTITUTIONS 2.2. THE DYNAMICAL THEORIC REFORMULATION CONCEPTUAL NOTION OF LIVING WELL OF THE 2.3. THE ECOCENTRIC CONTENT OF LIVING WELL AND THE NECESSARY CONJUGATION AMONG ITS SPIRITUAL AND MATERIAL DIMENSIONS. 2.3.1. THE SPIRITUAL DIMENSION OF LIVING WELL 2.3.2. THE MATERIAL DIMENSION OF LIVING WELL 2.3.2.1. POSTULATES OF LIVING WELL FOR A SOCIAL, COMMUNITARIAN AND SOLIDARY MODEL IV. THE EXPANSION OF THE MODEL AND THE PUBLIC POLICIES OF LIVING 1 Dean Professor of the Graduate Program in Law from the Federal University of Ceará. Master in Law from the Federal University of Ceará (1989) and a PhD in Law and Political Science from the University of Lisbon (1998). Post-doctoral training at the Pontifical Catholic University of Paraná. The 5 th - Region Federal judge. Integrated the first National Council of Justice management. Experienced in Administrative and Constitutional Law, develops teaching and legal investigations. Membar of the research group of PROCAD-NF UFC project, UFSC and UNIVALI, with CAPES’ support, about UNASUL and South American integration, and coordinates the Universal project, "The human right to access to water and sanitation in countries members of UNASUL", in partnership with the Federal University of Santa Catarina, UFSC, Itajaí Valley (Univali), Caxias do Sul and Unisinos, sponsored by the National Research Council/MEC. 1 WELL FOR UNASUL – SOUTH AMERICAN NATIONS UNION - AND FOR HUMANITY. INTRODUCTION Once more Humanity finds itself in the recurrent crossroad between Eros and Thanatos. How do we deal judicially with the waters or other minerals, the forests, the animals, in a national, regional and international ambit, in a way that assures life and future for all living beings? When it was a matter between life and death, under the threat of extinction because of the emergence of the great world wars in the 20th century, Humanity had the wisdom of gathering and trying to fraternize under the common ideology of human rights defense, with the emission of international declarations and rules to protect the human being and the citizen’s rights. Now, again under extinction threat, because of the environmental collapse annunciated and proved by scientists and the multiple civilization crisis where it is immerse, once more, people are pressed to re-unite and, a new civilization model, guided by the Living Well, starts to be delineated in the Andes. According to this new model of Living Well, based on the understanding that nature is an organic and inter-related whole, whose Humanity belongs to, hope arises… This hope is hold in the attempt of re-signifying the relation between Humanity and Planet Earth and the human beings among themselves, in a way that can generate a new ecocentric, communitarian and solidary social-environmental model, by recognizing Pachamama’s Rights, which can be extended in South America beyond the Andes and, 2 maybe, to the whole planet, through its insertion in the system of rules of International Rights… In Ecuador’s 2008 Constitution, and Bolivia’s 2009, in addition to significant changes in the advance of democracy - with the adoption of direct democratic ways to legitimate its governors, and exactly as a consequence of the increase of this popular participation - substantially deep changes are perceived, through the institutionalization of the proposal of the Living Well, in the vanguard of the ecocentric turn, overcoming the anthropocentric model where the current judicial systems were built on. Among the innovations introduced by Ecuador’s 2008 Constitution, the most remarkable is the recognition of Pachamama’s Rights (Rights of Nature) in the widen scenery of Sumak Kawsay constitutionalized as a right of Living Well (Buen Vivir). In Bolivia “Vivir Bien” or Suma Qamaña, was officialized as an ethic-moral principle of the plural society in the Political Constitution of the State of Bolivia of 2009. The recognition of Pachamama’s Rights and the greater context in which this is set, the proposal of the civilizational model of Living Well, shows the significant rescue of the cultural values of the originary peoples of Abya Yala, and, because of that, contains the potential of culturally anchoring the integration of the Union of South American Nations (Unasul), immaterial and ancestry connected by these values, and to serve as a vectorial axis, as a founder ethos and as theoretical base to the judicial construction of Unasul. I. THE ECOCENTRIC CONSTITUTIONALISM IN LATIN AMERICAN ANDES: FOR PACHAMAMA’S RIGHTS AND FOR THE MODEL OF LIVING WELL A constitutionalism of ecocentric features emerges from the social, political and judicial sceneries in the region of the Andes in Latin America, which poses the recognition of Nature’s rights (Pachamama) and the culture of the Living Well as flags, having as main centers of changing irradiation, Ecuador and Bolivia, which recent constitutional reforms, respectively, in 2008 and 2009, through the inclusion of indigenous peoples and other historically voiceless groups as social actors in the present, has incorporated ancient values, rescued from pre-Colombian common roots, which amongst all, show up respect for nature and for the environment, that is to say, a priority respect for life. 3 This ecocentric feature of constitutionalism in the Andes stands out as one of the traits of the incipient New Democratic Constitutionalism, which in the current political and social scenery of Latin America appears as the result of struggles and popular demand for a new organizational model of society, State and Law2. The new constitutionalism in Latin America, is a democratic breakthrough theory of the Constitution, which contents should express, within the limits of its possibilities, the sovereign will of its people, the recognition of their identity and their cultural awareness, of the values they seek to preserve, and their best way of social and political organization. This practice should be achieved through mechanisms of direct popular participation, the guarantee of fundamental rights, judicial review procedure promoted by citizens and by creating rules that limit the political, economic, social and cultural powers (VICIANO and DALMAU, 2010, p. 19). Listening to the originary indigenous peoples voices, choked before, allowed their souls to be manifested in the Constitution, and through the democratic way, their deepest feelings and their way of living gain legal status when the Living Well in Ecuador (Sumak Kawsay) and Bolivia (Suma qamaña), were constitutionalized, including the recognition of Pachamama’s Rights (Nature), a mark in which the world sees for the first time, at the legal level, the ecocentric turn. (VICIANO e DALMÁU 2010, p. 19) It is implicit in the Living Well’s concept, and this is one of the most important consequences that arise from it, the assignment of subjective rights of nature (Pachamama). However, inside the legal field, it only took place for the first time, with the explicit recognition of those rights in Articles 71-74 of the Constitution of Ecuador, 2008. As Gudynas explained (2011, pp. 85-90), it is the recognition of nature’s and Pachamama’s rights and theirs rights restoration, that set Ecuador’s proposal inside the super-strong sustainability, understood as one in which nature’s own or intrinsic values are defended, as are the values of ecosystems and living species, independently of human’s convenience or appreciation. 2 Check the article MORAES, Germana e FREITAS, Raquel. Latin American constitutionalism and the ecocentric turn in 2008 Equador’s Constitution : the rights of Pachamama and the Living Well (Sumak Kawsay) (O constitucionalismo latino americano e o giro ecocêntrico na Constituição do Equador de 2008: os direitos de Pachamama e o Bem Viver), MELO, Milena e WOLKMER, Antônio Carlos, Tendências contemporâneas do constitucionalismo latino americano. (Contemporary trends of Latin American constitutionalism) Juruá, Curitiba, 2013. 4 About the Living Well, explains the Brazilian philosopher Leonardo Boff (2009, online), is the central category of Andean cosmology, set as a true alternative for humanity, instead of competitive capitalism, progress and limitless growth, in opposition to the balance with nature. The Living Well, he says, is to "live in harmony with yourself, with others, with Pachamama, with the energies of nature, air, soil, water, mountains, animals and plants and, in harmony with the spirit and the Divinity, sustained by an economy of “enough and decent” for everyone, including other beings." In front of the dilemma between the rights of Pachamama (nature) and the human rights, and, facing the core challenge of our times, reconciling and articulating environmental macro-policies, requirements of ecological mandate (Gudynas, 2009), introduced in Ecuador’s Constitution, aiming greater preservation of ecosystems, regional and social inequalities mitigated with social macro-policies and, especially in the least developed countries in the Southern Hemisphere, the model of Living Well, now in process of construction, partly inspired by the Andean cosmovision, from the belief that it is not possible to equate these issues without re thinking the relationship between the human being with cosmic and telluric forces, symbolized respectively by Father Sun (Pachakama) and Mother Earth (Pachamama), mostly based on the value of harmony, folded in Bolivia’s Constitution (art. 8-II), on variables such as, unity, inclusion, solidarity, reciprocity, respect, complementarity and balance. For over half a century, scientists and Nordic philosophers have been warning about the dangers of continuing the predominant parasitic relationship model between human beings and nature, based on domination, and not on harmony. But it is in Latin America, a changing continent, where the courage to make it a true paradigmatic revolution emerges, with the ecocentric turn. According to Leonardo Boff (2011, online), it is urgent that we incorporate a paradigmatic revolution that gives the necessary theorist basis to solve the current problems in the Earth system, in accelerated degradation process. He says that this new paradigm can save us, by stopping Earth destruction, moreover without it, life would be impossible, stressing that on it depends the 21st century’s future. “There’s hope in the air”, he says, referring to the transition from the Cenozoic to the Ecozoic Age, when ecology is recognize as the central reality whence any other human activities will be organized, specially the economic ones. As the author clarifies, the Ecozoic Era’s central objective is to alter the state of consciousness, responsible for the environmental devastation. This new consciousness will promote the alignment of human activities 5 with the other operative forces all over the Planet and the Universe, so that a creative balance can be reached and, so, humanity can guarantee a common future, in which there is a balance of relations between nature and society in synergy and mutual presence sense. This implies – adds Leonardo Boff - another way of imagining, of producing, of consuming and giving meaning to our passage in this world, meaning that comes from spirituality, that is, the sense of the sacred before the mystery of universe and our own existence, despite economy. Science, the Gaia Hypothesis, Philosophy, and mainly deep Ecology, have been contributing to awake human beings’ consciousness about the environment collapse, the threaten of humanity’s extinction and the civilization crisis in which we live in, and through this incipient and growing ecologic consciousness, a change of paradigms is being established in the field of knowledge, including judicial. Under the perspective of Law, the axis is removed from the human being, orbit in which gravitated and still does the idea of rights, to Mother Earth (nature) as main and priority subject of rights, so that proposals of restructuration come around this paradigm that changes the whole building of the judicial knowledge3. James Lovelock (2010), British scientist, based on the holistic vision of Gaia Hypothesis, already scientifically proved, showing the Earth is a super living and selfregulated organism and the relations of inter-dependence amongst the living beings, alerts that “now the understanding of the Earth as a living planet is a question of life or death for millions of people and the extinction for a whole range of species” (LOVELOCK, 2010, p 188). The notion of deep ecology, according to Tarin Mont’Alverne and Helano Rangel, recognizes the interdependence of all phenomena and that individuals and society are all dependent on a cyclical, unique movement of Nature, laying on biocentric values, in such a way that sets planet Earth itself as center, admitting the 3 About The Declaration of Mother Earth Rights, check out MORAES, Germana. “A Mãe Terra como sujeito de dignidade e de direitos (Uma proposta de revolução paradigmática do Direito)”. (Mother Earth as a subject of dignity and rights. A paradigmatic revolution of Law proposal). IN: Estudos em Homenagem ao Professor Doutor Jorge Miranda. Coimbra: Coimbra, 2012. (Studies as a tribute to Professor Dr. Jorge Miranda) 6 value of not-human animals’ and flora’s lives. They also explain, clearly, the context where the deep Ecology came up, in the 20th century, when, gradually, the systemic paradigm overcame the mechanists paradigm, which emphasizes the whole, shocking against the Cartesian paradigm, that prioritizes the study and the analysis of all parts. After the origins of the systemic thought were punctuated in Biology’s development, with Gestalt psychology’s contributions (organic shape) and the advent of Ecology, with effects on Quantic Physics, both biologists emphasize the concepts of community and web, specially the ecological community “an assembling of agglutinated organisms in a functional whole by means of its own mutual relations.” (MONT’ALVERNE e RANGEL, 2011, p. 322). As Eugenio Zaffaroni diagnoses (2010, p.121), it is in the constitutionality of the Andes that the leap from environmentalism to deep ecology happens, fearless and boldness, independently of criticism, minimizations and ironies that could happen. He explains, lucidly that, on one side, the advance of a predatory civilization, showing signs of civilized neurosis, as outcomes of its incapacity of incorporating death, translated in an unlimited accumulation of goods and, on the other side, a model of harmonic living with all living beings on Earth, the new Latin American constitutionalism chooses the second path, proclaiming conjecturally the rejection of market fundamentalism of the last decades of the last century. He observes that Gaia, Pachamama as it’s called in South America, didn’t get here by the hands of scientific elaborations, but as the outbreak of the ancestor culture of living with nature, incorporating to the constitutional Law another input from the American to the Universal constitutionalism, such as in Querétero 1917, when the remarkable social constitutionalism was introduced. After highlighting the attempts of minimization and ridicule about the incorporation of the universal constitutionalism from the Andean culture, Zaffaronni reminds that the most important change in the judicial paradigm of the past century was established in the Universal Declaration of Human Rights in 1948, an instrument of scarce positive value in that moment, presenting only an apparently simple formula: all human being is a person. (2010, p. 121) After this comparison, it seems to be possible to foresee similar historic importance of the Universal Declaration of Mother Earth’s Rights, proclaimed in the Andes, in 2010. In Cochabamba, Bolivia, in April 2010, it was elaborated, in the Worldwide Peoples’ Conference about Climatic Changes and Mother Earth’s Laws, the Universal Declaration of Mother Earth’s Rights. In that Conference, the indigenous 7 peoples, nations and organizations world-wide gathered, and after long debates, declared, after recognizing themselves as Pachamama’s children, that “Mother Earth is a living being, one only community, indivisible and self-regulated, of inter-related beings that sustain, contain and reproduce all living beings that compose it, that each being is defined by its relations as an integrant part of Mother Earth.” And there it was acclaimed the General Assembly of United Nations to adopt it as standard to all peoples and nations of the world.4 With the mentioned leap from environmentalism to deep ecology, a new facet appears– an ecocentric facet – of Latin American’s constitutionalism theory, mainly in the Andes, where the previous mentioned paradigmatic revolution of Law is taking place, the ecocentric turn, as the Living Well’s culture is institutionalized, elevated to fundamental rights and constitutional principle, respectively, in the recent reforms of Ecuador’s Constitution in 2008 (Sumak Kawsay), and Bolivia’s, in 2009 (Suma Qamaña), and elected as the axis of programs and plans of those countries’ governments. Living Well or Sumak Kawsay is constitutionalized in Ecuador in the form of “Rights of Living Well”, related in the “Title of Rights” (Second title). In other pace, Living Well or Suma Qamaña was officialized as an ethical-moral principle of the plural society in the Political Constitution of Bolivia’s State of 2009 and in the National Plan of Development (Dignified, Sovereign, Productive and Democratic Bolivia for Living Well). It is perceived in the model of Living Well, in both Ecuador and Bolivia, a strong biocentric tendency, where culture of life prevails. Beyond this strong biocentric facet, the ways to crystallise into reality becomes evident under the form of diverse principles in the normative texts, the inseparable relation of interdependence and complementarity of living beings, which leads to qualify it, more precisely, as an ecocentric constitutionalism. 4 A propos of “Mother Earth’s Declaration of Rights” check MORAES, A Mãe Terra como sujeito de dignidade e de direitos (uma proposta de revolução paradigmática do Direito. IN: Estudos em Homenagem ao Professor Doutor Jorge Miranda. Coimbra: Coimbra, 2012. 8 It is, however, through the ecocentric constitutionalism prism of Latin American Andes, inaugurated in Ecuador and Bolivia, that the Living Well issue is going to be treated, as a new ecocentric, communitarian and solidary model of social-environmental civilization. I. LIVING WELL – A NEW ECOCENTRIC, COMMUNITARIAN AND SOLIDARY MODEL OF SOCIAL-ENVIRONMENTAL CIVILIZATION. 2.1. LIVING WELL IN ECUADOR’S (SUMAK KAWSAY) AND BOLIVIA’S (SUMA QUMAÑA) CONSTITUTIONS Overcoming anthropocentrism, a new ecocentric vision is consolidated in the judicial-constitutional field, in Ecuador (2008) and also in Bolivia (2009) in which, besides admitting the prevalence of the culture of life, recognizes the indivisible relation of interdependence and complementarity among the living beings, expressed in the fundamental value of harmony. It is remarkable in Ecuador ’s constitution the recognition of Pachamama’s rights (nature’s rights) and, in Bolivian’s Fundamental Letter (art. 8th - II), that constitutionalizes the principle of Harmony, which can be extended in values such as, inclusion, solidarity, reciprocity, respect, complementarity and balance. 2.1.1. LIVING WELL OR SUMAK KAWSAY IN ECUADOR In Ecuador, the concept of Living Well or Sumak Kawsay is about a central idea in the country’s politic life. It was inserted in 2008’s Constitution, referring to the indigenous peoples’ concept of “Living Well”. Soon after, it was contemplated by the National Plan for Living Well 2009-2013, incorporating a proposal of republican biosocialism, as René Ramérez Gallegos (secretary of the National Planning and Development Ministry in this country) names it. About the Living Well or Sumak Kawsay, the base of the current Ecuador’s Constitution, he says that it is based not only in “having”, but also in “being”, “doing” and “feeling”, understanding it as “the satisfaction of needs, the consecution of quality of a dignified life and death, to love and to be loved, the healthy blooming of everything, in peace and harmony with nature, to the prolonging of the human cultures and biodiversity.” “Living Well, he continues, 9 assumes to have free time for contemplation and emancipation, and freedom, opportunities, where capacities and real potentialities of individuals and collectivities can widen and bloom in a way that allows them to accomplish simultaneously what society, territories, the diverse collective identities and each one, seen as human collective/being, universal and particular, at the same time, that values as desirable object, material and subjectively, not causing any kind of domination of one above another (GALLEGOS, 2010, p. 22). Ecuador’s 2008 Constitution’s preface, announces the decision of “building a new way of citizen living, in diversity and harmony with nature, to reach Living Well or Sumak Kawsay and, catalogues in the Title of Rights’ second chapter, as “Living Well rights”, the rights of: water and alimentation (arts. 12 and 13), a healthy environment (arts. 14 to 15), communication and information (arts. 16 to 20), culture and science (arts. 21 to 25), education (arts. 26 to 29), habitat and housing (arts. 30 and 31), health (art. 32) work and social stability (arts. 33 and 34). Sumak Kawsay is constitutionalized in Ecuador in the form of “Rights for Living Well”, related, in the Title of Rights (Second title), on the same level and besides people’s and groups of priority attention rights (third chapter), communities’ rights, peoples’ and nationalities’ rights (fourth chapter), participation rights (fifth chapter), freedom rights (sixth chapter), nature rights (seventh chapter), protection rights (eighth chapter) and Ecuador ’s responsibilities and duties (ninth chapter). 2.1.2. LIVING WELL OR SUMA QAMAÑA IN BOLIVIA Living Well or Suma Qamaña was officialized as an ethical-moral principle of the plural society in 2009’s Politic Constitution of the Plurinational State of Bolivia and in the National Plan of Developing “Dignified, Sovereign, Productive and Democratic Bolivia for Living Well” in the context of refounding the “distinctly indigenous, anti-colonialist and plurinational” State (WOLKMER, WOLKMER and AUGUSTIN, online, p. 66). Therefore, the reference, in the preface of 2009 Bolivia’s Constitution, to the wars of water and the historic challenge of building the Social Unitary State of Plurinational Communitarian Right collectively, a State based in respect and equality above all, with principle of sovereignty, dignity, complementarity, solidarity, harmony 10 and equity in the distribution and redistribution of the social product, where the search for Living Well predominates, in collective living with access to water. In Bolivia, there is a will to implement the Living Well, that has been resumed as living in harmony with nature, something that rescues the ancestor’s principles of the cultures of this region, the ones that consider the human being stands at the background in relation to the environment. In Pachakuti’s International Meeting, on 21th December 2012, event promoted by Bolivia’s Government, the President Evo Morales Ayma announced in his speech the Pachakuti Time, as the New Work’s Time Power, Communities’ Power, Solidarity with Peoples and “Communion with all Living Beings, so that together we build Mother Earth and Living Well”. He explained that the Living Well vision, in Bolivia, is not based on the market, but on the rights, on the complete people’s realization, peoples’ and populations’ happiness, through the complete fulfillment of peoples’, people’s, States’ and Mother Earth’s Rights, in a complimentary way, including and interdepending, and suggested that the politics of competitiveness promoted by capitalism are substituted and politics of complementarity are created, which turn the civilized horizon into the Living Well. According to David Choquehuanca Céspedes, current Bolivia’s minister of Exterior Relations and specialist in Andean cosmovision, Living Well situates life and nature as the central axis, as they belong to life’s culture, so that the most important thing is not money nor gold, nor the human being, because he comes in the last position. “The most important things are the rivers, the air, the mountains, the stars, the ants, the butterflies (…) The human being comes last, for us the most important thing is life” (CESPEDES, online). Living Well, he teaches, “is to live in community, brotherhood and especially in complementarity, where there are not exploited or exploiters, to live in harmony among people and nature” (CESPEDES, 2010, p. 452). The 2009 Political Constitution of Plurinational State of Bolivia proclaims, in its poetic preface, Bolivia’s re-foundation and the construction of “a new State, based in respect and equality among all with principles of sovereignty, dignity, complementarity, solidarity, harmony and equity in distribution and redistribution of the social product, where the seeking for Living Well predominates, with respect to the economic, social, judicial, political and cultural plurality of the Earth’s inhabitants, on collective living with access to water, work, education, health and housing for all.” 11 The Suma Qamaña or Living Well is indicated in the 8th article of the 2009 Political Constitution Plurinational State of Bolivia as one of the ethical-moral principles of the plural society (art. 8th - I), besides ama qhilla, ama lulla, ama suwa (don’t be weak, don’t be a liar, don’t be a thief), ñandereko (harmonious life), tevo kavi (Living Well), ivi maraei (land with no evil) and qhapaj ñan (noble life). Ahead in the same constitutional article, values where the State is sustained for Living Well are related, such as the values of unity, equality, inclusion, dignity, liberty, solidarity, reciprocity, respect, complementarity, harmony, transparence, balance, equality of opportunities, social and gender equity for participation, common welfare, responsibility, social justice, distribution and redistribution of products and social goods (art. 8th - II). 2.2. THE DYNAMICS OF THE THEORICAL REFORMULATION OF THE CONCEPTUAL NOTION OF LIVING WELL Living Well, Vivir Bien (in Spanish), Sumak Kawsay (Quechua) or Suma Qamaña (Aymara) is a model of civilization, recently proposed, in the constitutional texts and in programs and plans of Ecuador’s and Bolivia’s governments, under the inspiration of the Andean cosmovision and originary Amerindian peoples in general. It is questioned if the model of Living Well would enclose on itself, the potentiality of overcoming the dilemmas and solving the challenges generated by the capitalist model, producer of the environment collapse, the threat of humanity’s extinction and the deep and multifaceted global civilization and culture crisis in which humanity is immersed, at the same time a spiritual and ethical crisis, such as its climatic, economic, financial and institutional aspects. Different from the still prevailing cultural pattern on exploitation and nature’s domination, according to the culture of Living Well, resurged from the Amerindian originary peoples’ millenary civilization, living in harmony with nature is the main purpose to be reached, according to the theoretical conception of David Choquehuanca Céspedes, through the realization of the following postulates: 1. Prioritize life; 2. Obtain consensual agreements; 3. Respect the differences; 4. Live in complementarity; 5. Live in balance with nature; 6. Defend identity; 7. Accept the differences; 8. Prioritize the cosmic rights; 9. Know how to eat; 10. Know how to drink; 11. Know how to dance; 12. Know how to work; 13. Rescue Abya Yala; 14. Reincorporate agriculture; 15. Know 12 how to communicate; 16. Social Control; 17. Work in reciprocity; 18. Do not steal and do not lie; 19. Protect the seeds; 20. Respect women; 21. Live well and NOT better; 22. Regain resources; 23. Exercise sovereignty; 24. Take care of water; 25. Listen to the elder. (CÉSPEDES, online, 2010 ) The strength, authority and moral superiority of Living Well derive, paradoxically, from the tragedy on the originary Latin American peoples’ history, who despite the ethnocide of most of them, the cultural sack suffered and extinction of their memories perpetrated along five centuries of colonization, managed to survived and, with them, the culture of life. And at least between those indigenous communities who resisted in their territorialities an harmonic relation with nature is maintained. The adoption of the model of Living Well implies in a deep change of consciousness, of the way human beings see, sense, perceive and understand life and how they live, which demands the demolition of old structures, so that, in its place, a new civilization is modeled again, ruled on the central value of living instead of deifying economy, as it is done nowadays under the aegis of capitalist and neoliberal models. As it uses to happen in revolutionary processes, one of the greatest difficulties of this paradigmatic revolution is in the emotional and mental walls that block the acceptance of the new and keep the overcoming of the unconscious inertia of comfort and continuity. Regardless these difficulties, the recent theoretical re-formulations of the Living Well in Latin America, and the respective praxis, as in Ecuador and Bolivia, show, as Eduardo Gudynas and Alberto Acosta observed, a field of ideas on progress that can create or co-create new conceptualizations adapted to the current circumstances. It intends to go beyond the conventional development and it’s based on a society where human beings cohabit together and with nature. In their opinion, it is fed with the most diverse ambits, from the intellectual reflection to the citizen practices, from the indigenous traditions to the alternative academy. “Living Well” – they say – “is not a simple comeback to ideas from a remote past, but the construction of another future”. (GUDYNAS e ACOSTA, 2011, p. 74) According to them, besides being a reaction, an answer to ideas’ limitations and contradictions and contemporary application of development, it also constitutes a vision of the future, agglutinating many visions that look forward leaving behind the conventional development and have been rehearsing new perspectives emanated from another kind of society and environment valuations, resulting from the incorporation of 13 indigenous knowledge and traditions, that were subjugated for a long time, as the questioning of cultural transplants and the opening of doors to new ideas about the relations among society and nature or about poverty and well-being. (ACOSTA e GUDYNAS, 2011, pp. 71-74 74). Nevertheless, the dynamic and constant reformulation of the conceptual notion of Living Well, it exhibits some basic conformational and characteristic features, that can be combined, accordingly to how it receives influences from the past, and the ones it intends to exercise at this moment or in the future, aiming cultural, social, political and economic life transformation to the conception of an alternative, ecocentric, communitarian and solidary model of social-environmental civilization. Following this circular and temporal perspective of involving the past, present and future, it is observed that the concept of Living Well is concomitantly form by traces related to their historic sources, to the essential content that intended to accomplish in the present and to the prospective feature, through which future is design. About its historic sources, it is observed that the proposal of Living Well rescues and modernizes the way that the Amerindian peoples lived before the Iberian colonization; it is inspired fundamentally in the Andean ancestor’s cosmovision, owing the outcomes of its re-edition to the militancy of the social, indigenous and environmental movements, in the end of the past century and the beginning of this one, in Latin America, above all in Bolivia and Ecuador. According to Rubén Martínez Dalmau, Living Well, translation of the Quechua term Sumak Kawsay, comes from the Andean indigenous cultures of South America and now are inserted in 2008 Ecuador’s Constitution, an example of Latin American constitutionalism, as “a cosmovision of harmony of the human communities with nature, in which the human being is part of a community of people that is an constituent element of the same Pachamama or Mother Earth” (MARTÍNEZ DALMAU, 2009, P. 24). Under this temporal, cyclical perspective it represents a rupture with the hegemonic European cultural pattern. Constitutionalizing the Living Well arose in Latin American’s democratic constitutionalism’s scenery, also characterized, as Roberto Viciano Pastor and Rubén Dalmau Martínez point out, by the democratic rupture with the old and the former, insisting in the difference between the State to be destroyed and the State to be built, including in the constitutional texts the incorporation of differing components, that, in many cases, serves entirely as symbolic element of distinction of 14 the process in front of the repulsion to the immediately former past and the hope that the future will ground the new constitutional order. (VICIANO and MARTÍNEZ DALMAU, 2011, p. 14) In relation to the specific content of Living Well’s concept, it agglutinates in an inseparable way the conjugation among its spiritual and material dimensions. It implies, the acknowledging of the human being’s spiritual dimension, which was rejected by the prevailing materialism and scientificism in the current homogenic Western culture, readmitting its influence and projection on the cultural, social, political and economic humanity’s life. About its prospective profile, the concept of Living Well is characterized by the emancipatory perspective of a decolonization project in the context of a current proposal of civilized model centered in the culture of Life and Harmony among the living beings, with a vision of an integrationist future. The presence in the Andean constitutional texts of worshipping feelings to Mother Earth and the Harmony ideal, as significant and lasting features of Latin American’s identity, those features that come from the originary peoples of Abya Yala’s cosmovision, spiritually and ancestrally connected by them, supplies the immaterial substrate needed for the cultural formation of a community of South American’s nations.5 According to Eugenio Zaffaroni, (2010, p. 121), more than five hundred yeas of colonialism, neocolonialism, genocide and domination couldn’t erase the worship of Earth neither the ideal of harmonious living of Sumak Kawsay from the Andean peoples’ culture, that today, after removing the layer that oppressed them – a message to the world comes up back to the surface, specially to the human beings, that are coming near to collapse and extinction. 2.3. THE ECOCENTRIC CONTENT OF LIVING WELL AND THE NEEDED CONJUGATION AMONG ITS SPIRITUAL AND MATERIAL DIMENSION 5 Check out MORAES, Germana. UNASUL: Notas sobre a integração energética e cultural da América do Sul. IN. Revista Latino-Americana de Estudos Constitucionais, N. 11. Ano 9, Demócrito Rocha Editions , Fortaleza-Ceará, – November 2010. (Notes on cultural and energy integration of South America). IN. Latin American Journal of Constitutional Studies, N. 11. Ano 9, Demócrito Rocha Editions, Fortaleza-Ceará, – November 2010. 15 The culture of Life, synthesized in the worship of Mother Earth and the ideal of Harmony among the living beings, confers density to the current content of Living Well, that contains postulates of spiritual nature and others more adequately classified as having material character. It is not possible, however, to lose sight of the fact that its essence comes precisely in the needed and inseparable conjugation among these two dimensions, dissecting, as in the analytic paradigm molds, only to facilitate its understanding, in spiritual (immaterial) and material (environmental, economic, social, political etc.) dimensions, re-conducting this last one, to the environmental and social aspects. According to Fernando Huanacuni’s explanation, aymara historian, within the philosophical substrate of Living Well, from the ancestral Andean cosmovision, there are two forces, the cosmic force that comes from the sky (Pachakama) and the telluric force, from the Earth (Pachamama), which convergence in the process of life generating all forms of existence, connecting the different forms of existence through complementarity (ayni) (HUANACUNI, 2010, p. 99). The understanding of the term Pacha itself concludes this inter-relation. The word Pacha, as Fernando Huanacuni teaches (2010, p. 99), has this conception, being the union of both forces. PA that comes from PAYA (two) and CHA that comes from CHAMA (strength). So the term contains these two cosmic-telluric forces that interact to express what humanity calls Life, as a totality of the visible (Pachamama) and the invisible (Pachakama). From this Andean ancestral cosmovision, the vision and perception of the cosmos, that is, this understanding of the world, two central fundaments of the Living Well are extracted: first, the priority of life and, after, the value of Harmony, complementarity and balance (ayni) among living beings, what confers a clear ecocentric color to its content. The presence of the projection of spirituality in the conception of society, politics and economy of Living Well, is expressive recognized when Eduardo Gudynas speaks about “cosmic ethics” (GUDYNAS, 2009, p. 31). Even among those who label the Living Well from the materialistic perspective, as René Ramirez Gallegos does, when he baptizes the socialism of Sumak Kawsay as “republican biosocialism”, behind this theoretical formulation, solid beliefs inherited from the spirituality of the originary peoples of Abya Yala hide 16 2.3.1. THE SPIRITUAL DIMENSION OF LIVING WELL The following postulates of the Living Well model reveal strong and predominantly its spiritual, invisible and intangible dimension: to prioritize life; to live in complementarity; in harmony with nature and prioritizing cosmic rights. These spiritual postulates of Living Well give, based on the ancestral cosmovision of the originary peoples of Abya Yala, the grounding ethos, from Life’s culture and the ideal of Harmony, balance or complementarity, being this last inherent to the understanding of Life itself. The priority of life and the notion of ayni (complementarity, balance and harmony) are the core ideas of the culture of Living Well, which are necessarily projected in existence, on material manifestations of life, on the environmental-economic domain, where relations among human beings and nature occur, that is, with the other living beings, and in the social and political domain, that contains the relations among human beings between them and the State. One of the main consequences of the rescue of Living Well’s culture is the rupture with the anthropocentric vision that has been grounding the feeling, thinking and acting of humanity. It has come the time to abandon the anthropocentric conception where knowledge, including Law, lays, and to fulfill, defend and disseminate an ecocentric understanding, that serves as theoretical foundation to the defense of Earth, Mother Earth, as priority subject of dignity and rights. We defend that humanity’s and the planet’s future – maybe even the Biosphere’s – depend on the substitution of the anthropocentric paradigm for an ecocentric paradigm for the creation of knowledge and human being’s behavior. Another core idea, central point of the Living Well, is about the notion of ayni, translated as harmony, balance, complementarity, solidarity and corollary of life’s feelings of essential union and belonging to Mother Earth, in which the reciprocal interdependence among all living beings is inherent. The centrality of life and the notion of ayni (complementarity, balance and harmony) are the intangible, invisible and spiritual core ideas, of the Living Well’s culture, which are inexorably projected on existence, on the diverse material manifestations, in its diverse fields, such as, the environmental, economic, social and political field, dictating on the ethical principles that include the relation of living 17 beings among themselves, in the environmental and economic field, and the relations of this living beings among themselves, within the social and political domain. 2.3.2. THE MATERIAL DIMENSION OF LIVING WELL Nevertheless the range of fields (environmental, economic, social, political etc.) of matter’s expression in existence, this study chooses to guide the material dimension of the Living Well to the environmental and social domains, where, respectively, Pachamama’s rights (nature) and human rights are considered with more prevalence, taking into account that Humanity’s future depends on the compatibility among those rights. The environmental collapse, the civilized global crisis and consequent menace of human extinction generated the necessity to re-signify the relation of Humanity with Planet Earth, as the relation of human beings among themselves. An environmental model is built based on the postulates, values or ethical references concerning to the relation of human beings with nature, with Pachamama, with Mother Earth, which reflects on the social model. Designing a social model depends also, and mainly, on the values that condition the cohabiting among the living beings, although it also receives influence of those postulates mentioned before. On the point where the dilemma among Pachamama’s rights and human rights converge, there is and axial challenge of conciliate environmental macro-politics with social macro-politics, to minimize social and regional inequalities, in a way to assure the future for Humanity as species. Settled on life’s systemic vision (nature) and cooperative living (in complementarity) among human beings, the proposal of Living Well, emerging from the Andes, encloses, in thesis, the potentiality of overcoming this dilemma, of solving this challenge, when supplying postulates for the conformation of a new socialenvironmental, ecocentric, communitarian and solidary civilization model. 2.3.2.1. POSTULATES OF LIVING WELL FOR AN ECOCENTRIC ENVIRONMENTAL MODEL 18 According to EDUARDO GUDYNAS (2011, p. 231), Living Well implies a new way of conceiving the relation with nature in a way to assure simultaneously the well-being of people and the surviving of species, plants, animals and ecosystems. There are many postulates of Living Well that contain the guiding values of this relation between human beings and nature, which can constitute the basis for an ecocentric environmental model. Through the Andean cosmovision, there is an intrinsic unity among Humanity and Pachamama, and Humanity is an organic inter-related whole. Corollary of this vision of the world, the spiritual postulates of Living Well mentioned before (prioritize life; live in complementarity; live in balance with nature) express this ecocentric conception where the environmental model lays, whose most impacting innovation consists in the acknowledging of Pachamama’s rights, discussed before. One of the most important reflections of the postulates of environmental paradigm about the social model is detected in the economy, which comes to second place in relation to nature, environment and life. In consequence, the classic conception of development is broken, as based on the ideal of infinite progress, and is substitute by the ideal of Harmony among the living beings. So, economy gives space to Life’s culture, and infinite progress to the ideal of Harmony among the living beings. Living Well seeks, as GUDYNAS says (2011, 232), to break the classical vision of development associated with the perpetual economic growing, linear progress and anthropocentrism. Facing the change of meaning of bonds between human beings and nature, with the internalization of feelings of pertaining and unit, it is no longer admitted that Economy considers nature as giver of goods and production, neither Law to treat not human kingdoms as judicial goods susceptible to appropriation by particulars, but as subjects with rights. The proposal of Living Well constitutes, not only a different vision of development, but an alternative to development (GUDYNAS and ACOSTA). This understanding of the world generates reflections on the public politics as commercialization of nature is not admitted, neither its appropriation by particulars, explainig why some people, such as Boaventura de Souza Santos (2010, p.4) and René Ramirez Gallegos, speak about Living Well’s Socialism. (2010, p. 22) 19 To these predominantly spiritual postulates, the following, in which the material dimension of Living Well prevails, are added: to reincorporate agriculture; to protect the seeds; to recuperate natural resources and take care of the water. As a consequence, innovative constitutional norms and public reformer politics oriented to the Living Well were introduced in Ecuador and Bolivia, as, for example, the ones that propose the sovereign alimentation and those that regulate a new right to the waters. About waters politics, according to the new ecocentric view, the right for water is elevated to a human right level, inseparable from the right for life and the other human rights; emancipating it from the economic conception of water as a resource or good of capital needed for production and hostage of the market’s logic, considering it a common society’s patrimony; it is forbidden, in consequence, the commercialization and privatization of services related to the waters, and, in a bolder step, in the Constitutional Law in Ecuador, the judicial treatment of water is changed, from an object that becomes a subject, from the understanding that water, as other living beings, is a component of nature (Pachamama) and a source of life. (MORAES, 2012, online)6 As human beings are part of nature, there is an easily perceptible co-relation between the environmental and social aspect of Living Well model, in a way that the reference to one of them, is not done by exclusion, but by the criterion of predominance of one or other aspect. a. LIVING WELL’S POSTULATES FOR A SOCIAL, COMMUNITARIAN AND SOLIDARY MODEL What is relevant to the relations among human beings, within the Living Well model, is that separativeness gives space to unity and communitarism, as competitiveness to cooperation, that is, solidarity. The attributes of communitarism and solidarity come inexorably from an ecocentric cosmovision that can preponderate, depending on the recuperation and awareness of feelings of essential life’s unity and belonging to Mother Earth and, its consequent universalization on Planet Earth 6 A propos, check MORAES, Germana. O constitucionalismo ecocêntrico dos Andes: os direitos de Pachamama, o Bem Viver e o direito à água. IN MORAES, LEITE e UNNENBERG (org.), Muito além das fronteiras: o tratamento jurídico das águas na Unasul, Editora da Univali, Itajaí, 2012. 20 This ecocentric vision of the world, synthetized in the spiritual postulates, and, specially in the understanding of ayni or complementarity, according to which Humanity is an organic inter-related whole, a way of communitarian and solidary living among human beings necessarily arises, and is fundamentally expressed in the following postulates of Living Well, where a new social model can be placed: Live well and NOT better; Do not steal and do not lie; Respect women; Listen to the elders; Know how to eat; Know how to drink; Know how to dance; Know how to communicate; Know how to work; Work in reciprocity; Obtain consensual agreements; Respect the differences; Accept the differences; Exercise sovereignty; Social control; Defend identity; Recover Abya Yala. The choice for the idea of Living Well instead of Living Better implies the substitution of the paradigm of competitiveness by cooperation, coming from this last one solidarity, constitutionalized in Bolivia as one of the values that supports the State for Living Well (art. 8th - II). In Ecuador, beyond solidarity as a commitment expressively sealed in its Constitution’s preface, in the 3rd - 6 th article, appears as primordial duty of the State to promote the equitable and solidary development of all territory. As, Leonardo Boff teaches, in the indigenous traditions of Abya Yala, instead of “living better” it is “living well”. “Living better”, he says, “supposes an ethical of the unlimited progress and incite us to a competition with the others to create more and more conditions to live better”. However, so that some could “live better”, millions and millions have and had to “live bad”. It is the capitalist contradiction. “Contrarily” – he continues, “Living Well aims an ethic of sufficiency for the whole community and not only for the individual. Living Well supposes a holistic and integrating vision of the human being inserted in the great terrestrial community that includes besides the human being, the air, the water, the soil, the mountains, the trees and the animals; that is to be in deep communion with Pacha Mama (the Earth), with the universe energies and with God.” (BOFF, online, 2009) The ethical manner of some of the postulates of Living Well is expressively admitted in Bolivia’s constitutional text that considers Living Well, the duty of not lying and not stealing, one of the ethical-moral principles of the plural society (art. 8th). It is identified, furthermore, referring to social cohabiting, an ethical stress of moderated hedonism, that is, with wisdom and sobriety, in the announced postulates as Knowing how to eat, Knowing how to drink, Knowing how to dance, Knowing how to work, 21 which reveals also the aspiration for the human being’s harmony with nature: with its own nature, with Mother Earth’s cycles and with other living beings, amongst them, human beings. It’s observed, anyway, the ethical component of the enunciation of Living Well that postulates the respect for women, so Magdalena Léon qualifies the proposal of Living Well as an expression of ecofeminism, lined in the ethic of care (LÉON, 2010, p. 24). Amerindian originary peoples, believed the women represent Pachamama, Mother Earth generator and nourisher of life, who lives in relation of complementarity with the cosmic forces (Pachakama). The postulates of Living Well project to the future an ecospiritual civilization that unites the Father, Tayta Inti, the masculine, with the Mother, Pachamama, the Goddess, the feminine… That reconnects the Spirit (the Father) with the ecological matters (Mother Earth)… This perception anchors the values of respect and revaluing of women. From this communitarian and solidary way of life (in complementarity), it is traced the political profile of a new social-environmental model, in which communitarian democracy is distinguished, with the obtaining of consensual agreements, in a context of pluralism and interculturality, in which differences are respected and accepted, without disadvantage of the exercise of the State sovereignty, the social control and the future integrationist vision. One of the principal objectives of Living Well, as said before and will be seen next, it is to retrieve the unity of all peoples, what suits with its premise that unity is an organic inter-related whole. III. EXPANSION OF THE MODEL AND PUBLIC POLITICS FOR LIVING WELL TO UNASUL – UNION OF SOUTH AMERICAN NATIONS, AND TO HUMANITY So that Unasul gains full life and is affirmed as a community of South American nations, it is necessary to detect which common feeling fraternizes the citizens that live in the territory known as South America and what makes the South American nations closer in the search for achieving the common dream of recovering Abya Yala. The Living Well founding feelings’ presence, that is, respect and the worship for Mother Earth, also the harmony and complementarity principle among the living beings, not only in the Andes, but in a general way, in the cosmovision of the originary peoples 22 of Abya Yala, and in a restrict way, in the territoriality of South America, lead us to believe in the possibility of expansion of the ecocentric, communitarian and solidary social-environmental model, of Living Well and its respective public politics, beyond the Andes, to the whole South American community of nations, Unasul, now being gestated, and maybe, beyond the austral hemisphere, to all planet Earth. The integration of Latin America has represented one of the most dynamic social-political movements that countries of this region have been using to become stronger, to win challenges and overcome obstacles. The dream of Latin American integration is not something new. It has been present in the region’s history as in diverse integrationist proposals, as the ones from Mercosul and CAN (Andean Community of Nations), as motive force of their economic developing. Recently, in May 23 rd 2008, the continent’s south region came to know UNASUL – Union of South American Nations, created to appease the integration of South America’s countries – Argentine, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela, not only in the economic field, but also, in the political, cultural and social fields. Within the economic plan, Unasul’s main objective is the creation of a free commerce zone that can shelter Mercosul and the Andean Community of Nations, besides Guyana and Suriname, like the European Union’s model. Through this space of integration, UNASUL expects to develop concrete and effective mechanisms to overcome cultural, social, economical and politics asymmetries. UNASUL’s proposal is based on the conjecture that the consolidation of this new political organ and the outcome of the process of unity and integration of these South American countries depends, in great part, on the transcendence of the economic integration process, so that a South American identity can be detected and constructed by these countries. The difficulties of people collectively recognize themselves in a market, diagnosed in the recent experiences of MERCOSUL and CAN last decades, suggest the insufficiency integration of markets, demanding, besides this, cultural integration, so a transnational organism as UNASUL is created, where unity is based on identities and cultures, sharing one common memory, as transnational rights as well. In the recent processes of constitutional change in South America, a space was opened to reveal South American identity – an absolutely necessary amalgam for the regional integration, in a general way, and for Unasul construction, in a particular way. 23 The partial rupture with judicial patterns imported from the Western side of the North Hemisphere, mainly in Europe and United States of America, which have been “inertialy” reproduced in Latin American’ constitutional texts, allied to the advances of democracy, through the strengthening of constituent power with wide participation in constituent assemblies of social movements, in a special way, those who are indigenous peoples representatives, women and workers, propitiated the scenery that started to rise a genuinely South American identity, or, if you prefer, its multifaceted identity, that is to say, its plural identity. From the will of popular participation, suffocated by previous liberticidal regimes, innovative and improved ways of democracy exercise arises, conjugated to the autochthons experiences, redundant proposals such as, for example, the one of communitarian democracy. It is also from the experience of meridional American people that a tolerant trace from South American arises, and its maximum expressions are plurinationality and interculturality, constitutionalized as attributes of State, in Ecuador (2008) and Bolivia (2009). In synthesis, listening to the originary peoples’ voice allowed their soul to be expressed in the Constitution, and through the democratic way, their deepest feelings and their way of living got life with the constitutionalized Living Well in Ecuador (Sumak Kawsay) and in Bolivia (Suma qamaña), including the acknowledge of Pachamama’s rights (nature) and the recognition of the principle of Harmony and complementarity. In Tarin Mont’Alverne’s and Helano Rangel’s opinions, the recognition of planet Earth as a subject of dignity and rights constitutes an Andean legacy for UNASUL’s constitution and for humanity, and, “from South America, an effective pattern of protection and environmental preservation can be irradiated to the rest of the world, provoking a complete change in the anthropocentric paradigm.” (MONT’ALVERNE e RANGEL, 2011, 319-336) From this new paradigm, ethically and judicially based on the postulates of Living Well, whence the recognition of Pachamama’s rights (Mother Earth) are implied, a proposal can be conceived, to replace the individualist, competitive, anthropocentric capitalist, model, now ending, into a new communitarian, cooperative and brotherly ecocentric model, with potential to irradiating, on long terms, to whole humanity and to encourage a new terrestrial consciousness, promoting, maybe, the 24 planetary union, preconized by Edgar Morin and Anne Brigitte Kern 7, as a rational minimal demand for a narrowed and interdependent world, in which the overcoming of the State-Nation is experienced. And the overcoming of the State-Nation – they continue – does not means its end, but its integration towards wider associations, that can only be lived and effective if each one and all recognize this quality to the Earth, fatherland and motherland itself of all humans, and if Europeans feel a motherfatherland quality towards Europe. In other words, it could be said that if Europeans revere Gaia again, and Latin Americans, their America, worshiping Pachamama, Mother Earth. (MORIN e KERN, 1995, p. 116) This Nation overcomer of the State-Nation, can be design from the implementation of the ecocentric, communitarian and solidary model of Living Well, in a way to reach Life in plenitude, where the beings of all kingdoms live in harmony with themselves, among them, with nature, anyway, in harmony with all living beings, communing with feelings of belonging to Mother Earth and essential unity with Life, in a way that everyone is self-recognized as children of the same Mother Earth, Pachamama and, so, as brothers and sisters, with the predominance of the brotherly and solidary share of the same planetary citizenship, in one and only family, in a planetary common-unity (community). In Brazil, there is a concrete proposal in that sense, which starts to flesh out known as Nación Pachamama: a social insurgent movement that “gathers peoples and traditions, with the intent to consciously go back to group life, simple, slow and compassionate, which proposes a rescue of values that remits to the originary ancient traditions from Latin America and also to the millenary traditions of the East, to resignify the bonds of the human beings among themselves and the nature, with the other living beings, through the recovering of the feelings of unit with Life and pertinence with Mother Earth”. Nación Pachamama, “aiming the awakening of men and women to life’s culture”, seeks to “gather voices and hearts that feel the need to build a balanced world with the relations among Pachamama’s beings (Earth), outside the exploratory and competitive cycle of markets; has the goal to value peoples’ identities, their reciprocal cooperation and integration according with the principle of ‘living in harmony’” (Wikipedia, online, 2013). 7 MORIN, Edgar e KERN, Anne Brigitte Kern. 5a ed. Tradução de Paulo Azevedo Neves da Silva. Terra Pátria, Editora Suline, 1995, p. 116. 25 Consciousness in our hearts is developed, our minds and our hands are part of the responsibility of formulating theories and politics, in the quality of Life’s guardians and defendants, in favor of life and all its beings, in favor of the Living Well model and Pachamama’s rights, that congregates in itself, in a indivisible unity, Humanity and all the others living beings… As observed, there is a flame of hope that rises in the volcanic region of the high Andean cordillera, and has been nourished in Brazil: the hope that Eros can win Thanatos, and, thus, humanity can have a future, Life and Harmony among the living beings and Living Well, in synthesis, Life in plenitude, yes, they will triumph… BIBLIOGRAPHY ACOSTA Alberto y GUDYNAS, Eduardo. El buen viver mas allá del desarrollo. In Quehacer, Lima, Desco, 2011. (The Living Well beyond development) ACOSTA A. y MARTINEZ E., El Buen Vivir – Una vía para el desarrollo, Quito, Abya Yala, 2009. 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Cura para um planeta doente. Editora Pensamento Cultrix. São Paulo, 2006. (Gaia: the cure for a sick planet) _______________A Vingança de Gaia. Editora Intrínseca. São Paulo, 2006. (Gaia’s revenge) MARTINÉZ DALMAU, Rubén. El proyecto de Constitución de Ecuador, ejemplo del nuevo constitucionalismo latinoamericano. IN IUS. Revista del Instituto de Ciencias Jurídicas de Puebla A.C., núm. 23, 2009, pp. 264- 274. Instituto de Ciencias Jurídicas de Puebla A. C.Puebla, México. (Ecuador’s, Constitution proyect: example of the new Latin American constitutionalism) ___________________El Nuevo Constitucionalismo Latinoamericano y el proyecto de Constitución de Ecuador de 20‖. IN: Alter Justitia. Estudio sobre Teoría y Justicia Constitucional.Guayaquil: Universidad de Gayaquil/ Facultad de Jurisprudencia. Nº 01, 2008. MELO, Milena e WOLKMER, Antônio Carlos, Tendências contemporâneas do constitucionalismo latino americano. Juruá Editora, Curitiba, 2013. (Contemporary Latin American constitutionalism trends) MONT’ALVERNE, Tarin; RANGEL, Helano. O planeta Terra como sujeito de dignidade e de direitos: uma legado andino para a constituição da UNASUL e para a humanidade ambiental. In: A construção jurídica da Unasul. Florianópolis: UFSC e FUNJAB, Florianopólis, 2011. (Planet Earth as subject of dignity and rights: an Andean legacy for the establishment of Unasur and for humanity.) MORAES, Germana IN Para além das fronteiras: o tratamento jurídico das águas na Unasul. Vol I, Univali, Itajaí, 2012. (Beyond the border: Waters judicial treatment in Unasul) _______________ A Mãe Terra como sujeito de dignidade e de direitos (uma proposta de revolução paradigmática do Direito. IN: Estudos em Homenagem ao Professor Doutor Jorge Miranda. Coimbra: Coimbra, 2012. (Mother Earth as a subject of dignity and rights. A paradigmatic revolution of Law proposal). (Studies as a tribute to Professor Dr. Jorge Miranda) 29 ________________ UNASUL: Notas sobre a integração energética e cultural da América do Sul. In. Revista Latino-Americana de Estudos Constitucionais, N. 11. Ano 9, Edições Demócrito Rocha, Fortaleza-Ceará, – Novembro de 2010. (Notes on cultural and energy integration of South America) MORAES, Germana e MARQUES, William. O desafio da Unasul de aproveitamento sustentável dos recursos energéticos e o novo paradigma ambiental. In: A construção jurídica da Unasul. Florianopólis: UFSC E FUNJAB, 2011. (Unasul challenge of sustainable use of energy resources and the new environmental paradigm) MORIN, Edgar e KERN, Anne Brigitte Kern. 5a ed. Tradução de Paulo Azevedo Neves da Silva. Terra Pátria, Editora Suline, 1995, p. 116. RAMOS, J. Teoría constitucional y constitucionalismo boliviano. La Paz: Universidad Boliviana, 2009. (Bolivian Constitutional theory and constitutionalism) RIVAROLA, Milda. Latinoamérica, identidad e integración. In: SEMINÁRIO SOBRE INTEGRAÇÃO DA AMÉRICA DO SUL, 2009, Rio de Janeiro. [Textos acadêmicos]. Disponível em: <http://www.funag.gov.br/eventos>. Acesso em: 14 nov. 2009. (Latin America, identity and integration) VICIANO PASTOR, Roberto. Algunas consideraciones críticas sobre los processos constituyentes em Equador y Venezuela. (Some critical considerations on the constituent processes in Ecuador and Venezuela.) VICIANO PASTOR, Roberto; DALMAU, R. Aspectos generales del Nuevo constitucionalismo latinoamericano. Quito: Corte Constitucional del Ecuador, 2010. (General aspects of the new latinoamerican constitutionalism) ____________________________. El nuevo constitucionalismo latinoamericano: Fundamentos para uma construcción doctrinal. Revista General de Derecho Público Comparado 9, Valencia, 2011. (The new Latin American constitutionalism: foundations for a doctrinal construction). WOLKMER, Maria de Fátima S., WOLKMER, Antônio Carlos. O Desafio Ético da Água: da necessidade básica ao direito humano. In: Congresso Nacional do CONPEDI, 20, 2011, Vitória-ES. Anais... Florianópolis: Fundação Boiteux, 2011. p. 11912-11926. (The Ethical Challenge of water: from the basic need to the human right) WOLKMER, Maria de Fátima S., WOLKMER, Antônio Carlos.e AUGUSTIN, Sérgio. O novo direito à água no constitucionalismo da América Latina.IN Interthesis, Vol. 9, No 1, UFSC, Florianopólis, jan-jun 2012, pp 51-69. (The new right to water in the constitutionalism of Latin America) ZAFFARONNI, Eugenio Raul. La Pachamama y el humano. Asociación de Madres de Plaza de Mayo y Colihue,Buenos Aires, 2011. (Mother Earth and the human being) 30 _____________ La naturaleza como persona: Pachamama y Gaia. IN Bolívia.Nueva Constitución Política del Estado. Conceptos Elementales para su desarrollo normativo. Vice Presidencia de la Republica. La Paz. 2010. (Nature as persson: Pachamama and Gaia) DOCUMENTOS ELETRÔNICOS CONSULTADOS BOLÍVIA. Congresso Nacional. Constituição Política Do Estado Da Bolívia. Disponível em: <http://www.congreso.gov.bo/5biblioteca/index2.html?u=3&s=1>. Acesso em abril de 2011. ______. Presidência da República. Viver Bem: proposta de modelo de governo na Bolívia. Disponível em: <www.forumsocialpanamazonico.org/spip.php?page=article_pdf&id>. Acesso em maio de 2011. Conferencia Mundial de los pueblos sobre el cambio climatico y los derechos de la Madre Tierra, 2010. Disponível em: http://cmpcc.org. Acesso em julho de 2011. UNASUR, TRATADO CONSTITUTIVO DE LA UNIÓN DE LÃS NACIONES SURAMERICANAS. Disponível: <http://www.pptunasur.com/> Acesso em: 05 JUL 2011. _________;DECLARAÇÃO DO CONSELHO DE CHEFES DE ESTADO E DE GOVERNO DA UNIÃO DE NAÇÕES SUL-AMERICANAS. <http://www.itamaraty.gov.br/temas/america-do-sul-e-integracaoregional/unasul/declaracao-da-cupula-de-georgetown-em-portugues> Acesso em: 05 JUL 2011. _________;PROTOCOLO ADICIONAL AO TRATADO CONSTITUTIVO DA UNASUL SOBRE COMPROMISSO COM A DEMOCRACIA. <http://www.itamaraty.gov.br/temas/america-do-sul-e-integracaoregional/unasul/protocolo-adicional-ao-tratado-constitutivo-da-unasul-sobrecompromisso-com-a-democracia>Acesso em: 05 JUL 2011. 31 32