A PROTEÇÃO JURÍDICA AOS REFUGIADOS CLIMÁTICOS À LUZ DO DIREITO INTERNACIONAL

Abstract

The study analyzes the legal protection of climate refugees in the international context. It contextualizes the intensification of forced human displacement caused by climate change and the absence of an adequate legal framework for this category. The research is justified by the urgent need to discuss normative instruments that ensure effective protection for these vulnerable populations. The central question addressed in this study is the extent to which International Law provides effective legal protection to climate refugees in light of the historical responsibility of developed countries. The main objective is to identify the degree of legal protection offered by International Law to climate refugees through the 1951 Convention or regional instruments, as well as to examine doctrinal proposals for the creation of a specific legal regime. The research adopts a deductive and exploratory method, combining bibliographic review and qualitative document analysis. It concludes that the current international system is insufficient and calls for the development of a new legal framework, with an interdisciplinary approach grounded in human rights, climate justice, and the accountability of historically polluting states.