A Personalidade Jurídica da Natureza na Legislação Portuguesa: Desafios e Perspectivas para a Proteção Ambiental

Granting personhood to nature is a controversial issue, with many states reluctant to recognise legal protection for nature in this respect. Traditionally, this personhood has been associated with individual or collective entities, but the growing need for environmental protection has sparked debates about granting nature a legal status similar to that of a subject of rights. Initiatives in countries such as Colombia and New Zealand have begun to recognise natural entities as subjects of rights, promoting the idea that nature, with its own legal status, would have a stronger defence against the damage it suffers. However, many countries, including Portugal, have yet to adopt this new paradigm, opting for conventional models of protection. This study includes a comparative qualitative analysis of legislation and practice in countries that already recognise nature as a subject of rights, such as Colombia and New Zealand, as well as an analysis of the current situation in Portugal through bibliographic review and documentary analysis. The results suggest that recognising nature as a subject of rights could strengthen environmental protection and mitigate ecological damage, providing a more effective and preventive extra-contractual responsibility.