For The First Time Ever, A Piece Of The Ocean Has Been Granted Legal Personhood: This Is What It Means
A Brazilian city has granted legal personhood to a part of the ocean, marking the first known case of its kind.
In early August 2024, the coastal municipality of Linhares passed a new law that recognized the waves at the mouth of the Doce River, which leads to Brazil’s Atlantic coast, as living beings.
The waves were given the intrinsic right to existence, regeneration, and restoration, meaning that they should continue to form naturally and that their water should be kept clean.
By law, the city is now required to protect the river’s physical shape, ecological cycles, and the chemical composition of the water.
According to Vanessa Hasson, an environmental lawyer and executive director of the Brazilian NGO Mapas, the waves must also be respected for the cultural and economic roles they play in the community.
Guardians have been appointed to keep an eye on the waves and act as their representatives when it comes to public decision-making.
The city officials selected three people to monitor the waves: Hauley Silva Valim, a surfer and cofounder of the Doce River Alliance; a member of the local Indigenous community; and a member of the city council’s environment committee.
These waves are popular among surfers but are also famous worldwide. However, the local surfing committee noticed some changes to the waves about eight years ago.
When the Mariana dam collapsed, it not only killed 19 people and flooded many villages, but it also damaged the waves at the Doce River mouth.
Tim – stock.adobe.com – illustrative purposes only, not the actual people
The dam held back waste from an iron ore mine near Mariana, Brazil. When it broke, a heap of mud and mining waste was sent rushing down the Doce River.
Over time, the extra gunk altered the river’s flow and reduced its power. Eventually, the waves at its mouth became weaker. The waves’ strength didn’t return until after a major flood in 2022.
The toxic brown sludge that spilled into the river also contaminated fish, plants, and other aquatic life.
A group of about 720,000 residents who were affected by the pollution has filed a lawsuit against the owners of the mine.
The aim of the new law is to raise awareness, change views, and reform public policies related to water quality, resource extraction, and similar matters.
It adds to a law that was passed in 2017 by Bonito, a town in northeastern Brazil. The previous law led to the development of an agroecological plan that has improved water management, soil quality, and the local economy.
The language of the new Linhares law also safeguards the Doce River and connected bodies of water from threats, such as oil spills, plastic/glass pollution, and agricultural activities. This means the ocean is under the law’s protection as well since it is connected to the river.
Establishing these kinds of laws represents a shift in our relationship with the ocean. By recognizing that the ocean is a living entity that deserves rights, we can reconnect with nature and keep our environment healthy.
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