O ambiente e a língua dos Direitos Humanos: normatividade e concretude na proteção ambiental pelos Sistemas Regionais de Direitos Humanos

Abstract

The Inter-American Court of Human Rights has declared that the environment must be protected by Protection of Human Rights Mechanism regardless of their usefulness to humans, but because of their importance in themselves and for other living organisms with which we share the planet. This work intends to analyze the history and main concepts of International Environmental Law, make an analysis of the language of Human Rights and, finally, analyze how the Regional Human Rights Systems deal with the environmental issue, in order to be able to answer whether the language of Human Rights can be effectively translated into environmental protection, highlighting the American Human Rights System. In its first chapter, a history of the relationship between International Law and the environment is made, mainly from the 19th century onwards, as well as terms that will be worked on during work (such as “environment” and “pollution”), which is International Environmental Law and positioning it in relation to Human Rights according to the most classic doctrine; the second chapter deals with Human Rights, its role as a language that translates political interests into the legal world, its marginal and institutional aspects, its ethical origin and, mainly, its strategic uses and concreteness; finally, in its third chapter it analyzes how regional human rights systems (the African Court on Human and Peoples' Rights, the European Court of Human Rights and in particular the Inter-American Court of Human Rights) deal with the environmental issue.