Migrantes ambientais : o direito migratório frente às mudanças climáticas e ao colapso dos serviços ecossistêmicos

Abstract

The phenomenon of human mobility in the face of climate change is ancient. Throughout history, humans have migrated due to environmental and climatic changes. Currently, the effects of climate change, resulting from the rise in the average global temperature, are producing dramatic contours in some regions, jeopardizing the subsistence capacity of certain populations. As a result, these communities find themselves compelled to leave their territories to re-establish. This thesis, considering the exacerbation of large-scale environmental problems such as climate change and the collapse of ecosystem services, aims to address the extent to which the centrality that these issues have assumed in the international community affects the international legal protection of migrants in situations of vulnerability due to environmental reasons. The research aims to identify whether and to what extent the international community's recognition of the worsening of environmental problems impacts the international protection of individuals leaving their countries for such reasons. Furthermore, the research intends to examine legal possibilities for the development/evolution of International Refugee Law, aiming to expand its orientation towards Cooperation Law in the face of challenges posed by largescale environmental changes. Specifically, the research addresses challenges related to the promotion of human rights, especially those of "environmental migrants". The methodology adopted for the execution of this research was analytical and hermeneutic. The specification regarding its analytical characteristics varies according to the specific objectives that are intended to be addressed. In terms, it is strictly analytical, and in terms, it is deductive analytical. The research is essentially bibliographical and documentary. The investigation was guided by the content analysis of different types of legal documents, such as international treaties, regional agreements, technical reports, studies, resolutions, and recommendations from multilateral organizations, decisions from international courts and tribunals, among others. It was possible to verify that the deepening of large-scale environmental problems, such as global warming, loss of biodiversity, and the collapse/degradation of ecosystem services, has progressively impacted legal, political, diplomatic, and operational processes for the international protection of individuals leaving their countries due to environmental events. It can be concluded that the establishment of an international protection regime for environmental migrants should occur differently from the model provided by the Convention Relating to the Status of Refugees. The definition of this new category is possible and would characterize a development/evolution of International Refugee Law, with a desirable emphasis on more comprehensive approaches without completely predetermined conditions. Models like the expanded definitions in the OAU Convention on Refugees in Africa and the Cartagena Declaration provide useful perspectives, consolidating criteria such as "serious and widespread violations of human rights" and "serious disturbances of public order" to characterize refuge. These formulations recognize the complexity of humanitarian crises and allow for a more flexible adaptation to the unique circumstances of each situation. [resumo fornecido pelo autor]