A study of the environmental complexity, ethics and the field of law through the São Francisco River transposition project analysis.

Abstract

This scientific article is inserted in the field of law, specifically in environmental law, and it also concerns on some other areas of knowledge, such as the political ecology, sociology and philosophy. This article has its basis on the assumption that the natural environment is a complex system that is interconnected to other complex systems, such as is the law system. This article also shows a context in which this whole complexity takes place in situations of environmental depletion of natural resources, economic exploitation of nature's resources, improper conflicting relations among humanity and the natural environment, which is an environmental crisis scenario. The studied object on the present article, therefore, is the relation among the natural environment, society and law, under the teachings of the complex thinking in order to discuss this relation in the practical situation of the São Francisco river transposition in some States of the Brazilian Northeast. The present study has been done with the aim of demonstrating that this complexity is an environmental issue which is eminently ethical and implies the need of and application of the previously referred complex thought in the management of natural resources, so it would be possible to achieve the goal of sustainability. In this thematic field a crucial question arises: what is the relation among the natural environment, complex thought and law in the modern legal rationality? In order to have a satisfying answer for the above question, the main goal of this work is to build a relation among the theoretical complex thought basis with the environmental law in the context of environmental crisis that takes place currently. To achieve this paper´s main goal, as specific goals, there are, first: describing of the complex thought and the environmental complexity in its interaction with the law field. Second: discussing the Brazilian model of environmental management through the referred real situation, revealing the application of complex thought. Third: demonstrating what kinds of relation are built from the society and natural environment interaction, considering the complex thought asa foundation for the strategic and epistemological basis in this interaction. In methodological terms this article is based on theoretical references on complex thought on Edgar Morin (2005), on the environmental complexity of Enrique Leff (2006, 2010a). In addition to this, this paper work constitutes an analysis of a real situation study which describes the design of the São Francisco River transposition in the Brazilian northeast. On the basis of the present study, a set of consequences of this project on local natural environmental are shown. This article also discusses the benefits of the mentioned river transposition on the environmental ethical field. The current article has such an importance, since it brings discussions on the modern Western science linear behavior that has been having strong influence on the theories and methods that guide the relation among society and natural environment. This work also reveals the legal insufficiency of the environmental legal protection complexity, bringing out a deep reflection about legal systems as they are social and environmental control techniques.