Brazilian City Grants Legal Personhood to Ocean Waves in Historic First

Linhares in Brazil is a famous travel destination for surfers worldwide. Recently, the city’s coast has taken on even greater significance. In June 2024, the municipal council of Linhares recognized the waves at the mouth of the Doce River and the connected sea as entities deserving protection, marking the first time legal personhood has been extended to part of the ocean.  

According to Cornell Law School, a legal person (a.k.a. a fictitious person or an artificial person) is “a human or a non-human legal entity that is treated as a person for legal purposes.” Such bodies are granted rights normally reserved for residents, such as the ability to sue and enter into contracts.

In the case of Linhares’ coast, the new law protects the river’s physical shape, its chemical makeup, and the ecological conditions that govern it. The city must now recognize the water’s cultural and economic value, and it has even appointed “guardians” to safeguard and represent the entity in the public decision-making process.

The legislative move was made in light of the damage sustained by the Mariana Dam collapse of November 2015. Two billion cubic feet of iron ore waste and mud flooded the surrounding area of Southeast Brazil, leaving 19 people dead and around 600 without homes. The waste also flowed into the Doce River, triggering massive fish die-offs and loss of vegetation. The river’s waves weakened as mud collected and didn’t regain strength until 2022 following another flood.

According to Hakai Magazine, the law’s primary purpose is to “change mindsets and shift public policies” regarding water quality and resource extraction.

The Conversation reports that granting legal personhood to nature is becoming more common. Ecuador was the first country to do so in its 2008 constitution, with others following suit. Other examples of natural features that are legally people include New Zealand’s Whanganui River and Mount Taranaki.

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