Summary
In June 2024, the municipal council of Linhares, a coastal city in southeastern Brazil’s Espirito Santo State, approved a bill that recognizes the waves at the mouth of the Doce River as entities with rights – affording them special protection. The law recognizes the wave’s right to continue breaking perfectly at the mouth of the Doce River, and acknowledges the ocean as a living being subject to intrinsic rights to existence, regeneration, and restoration. These rights extend to the entire interconnected system of which the Waves of the mouth of the Doce River are a part, encompassing the water bodies and living beings, including humans. The law strengthens the comprehensive protection needed for conservation of all ecological factors responsible for wave quality and preserving the ecological cycle that makes the region’s waves unique. A committee comprising surfers representing the community, traditional custodians, and a city council’s environmental chamber member will represent the waves in granting their rights. In summary, the waves are entitled to:
– Maintaining their physical-chemical conditions for ecological balance.
– Protecting water bodies in the ecosystem to prevent human interference with vital ecological cycles.
– Foster harmonious interactions with humans through cultural, spiritual, leisure, and ecological practices.
– Representation by stakeholders with a special connection to the waves’ ecological cycle in all relevant public decision-making processes, and support from governmental, community, and civil society groups in public decision-making processes.
– Integration of traditional knowledge and conservation practices into decision-making while balancing them with scientific approaches.
– Ensuring accountability and rectification for human-caused damages to their recognized intrinsic rights.
The construction of this proposal dates back to the first nature rights forum that took place in Brazil, in 2018. The law took shape in 2020 with the help of the Regencia Surfing Association, Vanessa Hasson of MAPAS (NGO), Flavia Ramos, Tais Santos parliamentary legal advisor, and Professor Antônio Cesar, and was submitted as a draft law in 2023. The bill was approved by the municipal council in 2024, but must be approved by the city’s mayor before it can become law.
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/municipality-of-linhares-brazil-law-on-the-rights-of-the-waves/.
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