Diálogos entre o novo constitucionalismo latino-americano, buen vivir, sociedade de risco e conhecimentos tradicionais associados: cruzando fronteiras entre saberes do norte e do sul

Abstract

This research sought to talk about the New Latin American Constitutionalism, more specifically about the concepts of Living Well, present in most of the texts that approach the subject, as well to present the risk society theory and how apparently distinct themes can dialogue. The exploitation of indigenous peoples in the continent begun hundreds of years ago and, contrary to what it might seem, it still exists. Currently it occurs in diverse ways: the focus of the analysis resides on the expropriation of the associated traditional knowledges; this improper or illegal exploitation was what justified this work. In general terms, the objectives sought were to analyze the New Latin American Constitutionalism, more specifically the Living Well, to prove that this ideal is able to strength the legal protection to the traditional knowledges associated with the biodiversity. A bibliographic research on books, articles and legal provisions was carried out; the historical and monographic methods were used, seeking to deepen and contextualize the data obtained and to prove the hypothesis established. In the end, the results obtained through the readings and analyses showed that the ideals and proposals contained in the Living Well are able to reinforce the legal protection to the traditional knowledges and also serve as a new way of thinking the development inside the States.