Cáceres (Brazil) Municipal Organic Law Amendment: rights of nature

Summary

On July 17, 2023, the Municipality of Cáceres, Brazil approved an amendment to include the Rights of Nature in its Organic Law. The amendment stated that “Nature has intrinsic value, i.e. value in itself. It should not just be seen as a resource for human benefit. We have an ethical responsibility to protect and respect nature for its own sake.” It also stated that “protecting the rights of nature is a fundamental issue in guaranteeing the sustainability and survival of planet Earth” and that “Nature and human beings are interconnected and interdependent. Without a healthy and sustainable environment, human beings cannot survive. It is therefore our duty to protect and preserve nature.” (Page 5). The document refers to the case of the Doce River becoming a subject of rights, as well as embracing the principles of Bem Viver (good living).

However, on August 16 2023, the Municipal Council repealed “in its entirety the Amendment to Organic Law No. 49, of July 17 of 2023, which “Proposes the inclusion of the Rights of Nature in the Municipal Organic Law”, and grants the repristinatory effect to the provisions that were amended by said amendment.”

The inclusion was originally approved after holding a conference and public hearings to discuss the importance and need to consider Nature as a subject of rights. The conference and public hearings, which contributed to the approval of the Amendment Project, had the participation of civil society and NGOs: Fé e Vida Institute, Gaia Institute, Paraguay River/Pantanal Committee, Regional ARPA (Regional Association of Agroecological Producers), FORMAD (Forum Mato Grosso de Meio Ambiente e Desenvolvimento), and of Mireni de Oliveira Costa Silva, doctoral student of the University of Marília (PPGD/UNIMAR).