A busca pela tutela jurídica do migrante climático: uma abordagem à luz do (novo) Direito Internacional das Catástrofes

Abstract

The contemporary progress, at the same time as it brought with it technological advances in several areas, opened up and enhanced many inequalities due to the effects arising from catastrophe scenarios. Given this, it is undeniable that one of the biggest challenges of current times concerns climate change and its consequences. Therefore, this thesis seeks to examine, firstly, climate change, from the development of scientific studies to its impact on the international agenda. Among the countless consequences of this phenomenon is human migration, which despite being recognized, has not found space in any international instrument of global reach promoting the legal protection of this group of people. For this reason, the second chapter sheds light on the need to construct a legal value on this fact. In this sense, the chapter is structured around two axes: the first, focusing on the principles and the second, analyzing the contributions of local, regional, global and bilateral mechanisms. Finally, the study suggests that the protection of this group should be structured from a new field of knowledge: the International Law of Catastrophes, theory suggested by Sidney Guerra. At this point, the legal meaning of disaster and catastrophe will be presented. Furthermore, the research seeks to demonstrate that climate change and human migration constitute true catastrophe scenarios. Therefore, the objective of this thesis is to present this new branch, which brings together transdisciplinary characteristics, as the most appropriate to protect the rights of climate migrants. In order to achieve the proposed objective, the hypothetical-deductive method will be used, as it starts from the premise that it is necessary to propose a (re)reading of International Law given the lack of legal protection for climate migrants. To this end, the research will rely on elements arising from descriptive, bibliographic and documentary research, especially specialized doctrine and some legal instruments that will allow the readers to build their perception of the matter.