Tatiana Cesso
In an unprecedented move, the city of Linhares in the state of Espírito Santo, Brazil, has made history by granting legal rights to a part of the ocean—the waves at the mouth of the Doce River. This groundbreaking law, passed in early August 2024, recognizes the waves as living entities, granting them rights to exist, regenerate, and be restored. For environmentalists and locals alike, this represents not only a legal triumph but also a significant shift in the mindset toward preserving natural ecosystems.
The waves of Linhares are famous, especially among surfers, known for their tubular formations. However, over the past decade, these waves and the surrounding marine life have been severely impacted by pollution, most notably due to the 2015 Mariana dam disaster. The collapse of the dam, which held back waste from an iron ore mine, released toxic sludge into the Doce River, causing widespread damage to aquatic ecosystems. The effects were felt for miles downstream, killing fish, plants, and other organisms, and disrupting the natural flow of the river—ultimately weakening the waves at its mouth.
The environmental damage didn’t only impact the region’s ecosystems. The local economy, which heavily relied on fishing and tourism, was hit hard. “Every way of life has been impacted,” said Flavia Freitas Ramos, cofounder of the Doce River Alliance, in an interview for Hakai Magazine. Alongside local groups, the alliance played a key role in advocating for the recognition of the waves’ rights as living beings. After years of collaboration with Indigenous representatives, environmental activists, and other stakeholders, the legislation was finally enacted.
The law’s primary goal is to safeguard the waves and the surrounding waters from further harm, ensuring their natural formation and cleanliness. “We are continually under pressure from port developments, oil spills, agricultural expansion, and plastic pollution,” said Hauley Silva Valim, another cofounder of the Doce River Alliance and a major supporter of the new legislation. By passing this law, Linhares is taking proactive steps to prevent future damage, not just from industrial activities but also from other threats such as climate change.
On a global scale, the recognition of natural ecosystems having legal rights is an emerging trend. Countries like Ecuador and Bangladesh have already granted similar rights to rivers, while New Zealand has recognized a forest and an extinct volcano. This movement reflects a growing awareness that the natural world deserves the same right to exist and flourish as human beings do. For instance, in 2024, Ecuador’s rights-of-nature law led to a court ruling that pollution had violated a river’s rights, setting a critical precedent.
Linhares’ new law goes beyond protecting the waves themselves. It covers the entire system to which these waves belong, including connected bodies of water. This means that upstream activities, like those contributing to the Mariana dam disaster, could potentially be challenged under the new legal framework. However, applying these protections on such a broad scale might prove difficult, as environmental damage often spans multiple jurisdictions.
In addition to the legislation, Linhares has appointed “guardians” to oversee the waves and ensure their protection. These guardians include Valim, a representative from the local Indigenous community, and a member of the city council’s environment committee. Their role is to advocate for the waves in public decision-making, ensuring that the new law leads to effective environmental policies and controls on industrial practices.
The waves in Linhares are more than just a natural spectacle; they are a cultural and economic asset to the community. Surf tourism plays a significant role in the local economy, attracting visitors from around the globe. However, the damage caused by pollution and the Mariana disaster severely diminished the quality of these waves, leading to a downturn in both tourism and livelihoods. It wasn’t until a major flood in 2022 that some of the waves returned, bringing renewed hope to local residents and surfers.
Environmental lawyer Vanessa Hasson, executive director of the Brazilian NGO Mapas, highlighted that this legal recognition is as much about changing perceptions as it is about influencing policy. “When you recognize a little bit of space of the ocean, like these waves, you are reaching the whole ocean,” she said. By acknowledging the waves as living entities, Linhares is setting an important precedent for the global movement advocating for the rights of the oceans.
The city’s new law is not merely a legal framework but a call to action for the preservation of natural ecosystems in the face of industrial and environmental threats. For Linhares, this is just the beginning of a more sustainable relationship with the environment. As more communities worldwide begin to adopt similar rights-of-nature movements, Linhares serves as a leading example of how local action can inspire global change.
Source: Hakai Magazine
