Natureza, direito e homem

Abstract

The research aims to examine the possibility of a contemporary paradigm that places the Law and the Man in the Nature in Evolution and its Laws. This investigation is about the contemporary debate about environmental problems and the relationship between Nature, Law and Human. The examined hypothesis is that it is possible, based on the philosophical system of Carlos Cirne-Lima (which itself has the Evolution by Natural Selection theory of Darwin and neo-Darwinians), to propose a fundament for the Law. The adopted methodology is Dialectic (Thesis, Antithesis and Synthesis). The postmodern paradigm denies the existence of principles or laws that are universal, which interconnect the various subsystems, i.e., that are always valid, in all spheres, in all the interstices and to all things. More, it says there is no proposition that is universally valid. And, in this logic, the Law loses its rationality, stays without truth and, therefore, any decision and/or interpretation is valid. But who does such statement, in doing so he ends on refuting the statement itself. This statement is a contradiction in itself, it causes a logic implosion. Consider the proposition: There is no true proposition. Who says that is implicitly saying: There is no true proposition, except this one I’m saying now . In this way the person enters into a self-contradiction. We can’t stay in contradiction, because who does so loses its reason, he can’t think or talk. With this, we already have a should-be rule, a moral rule that applies to all human beings, the Should-be of Non-Contradiction, the contradiction to be avoided. From this first Principle of Non-Contradiction it is deductable the principles of Logic (Identity, Difference and Coherence), and the same principles are applied on Nature (Evolution Theory of Darwin and Neo-Darwinians) and also applied on Ethics (concrete universal Coherence). This way, human beings are placed inside: the Logic (only with it is possible to think and talk); the Nature, in which all beings that have evolved are and suffering the consequences of Evolution by Natural Selection; the Ethics, which is embedded in both Logic and Nature; and the Law thus is also placed into the Nature and Logic, having to be according with both – the Law changes the Ethics and suffers changes from it. Thus, the Law, a creation of the human species, is placed in Nature (Environment). The human species is placed in Nature and in its balanced ecosystems and has a relationship of dependence and interdependence with: the Environment, the other species and every being that exists on planet. Everything is immersed in Nature. Therefore, without Nature, there is no Law, nor Ethics, nor Human Being. Consequently, it must be recognized the nature as a legal entity. So here it is a fundament proposal to the Law so that it is placed into the Evolving Nature by Natural Selection, and thus puts Nature as subject of rights.