JUSTIÇA CLIMÁTICA E A CONSTRUÇÃO DE UM NOVO PARADIGMA DE PROTEÇÃO DO PANTANAL

Abstract

This study is grounded in the need to protect the Pantanal biome. The region, marked by high ecological complexity and interdependence, is currently facing the impacts of human activities, especially those arising from the exploitation of its natural resources, now intensified by the effects of climate change. This crisis, of anthropocentric origin, exacerbates degradation and disproportionately increases the region’s environmental, economic, and social vulnerabilities. In light of this, and based on the proposal of a more holistic approach to the Pantanal, the following question arises: how does the connection between human rights, the rights of nature, and climate justice contribute to the protection of the Pantanal? Accordingly, the general objective is to present a systematic review of legislation and scholarly doctrine concerning these concepts, interpreting them in light of the protection of the Pantanal. To this end, three specific objectives are established. The first is to identify the Pantanal’s vulnerabilities to climate change, considering its general characteristics, land occupation and use and their implications, the effects already observed in the biome, and the applicable Brazilian legislation. The second seeks to examine the evolution of the international climate protection regime through the development of International Environmental Law, its antecedents, as well as the analysis of the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement. The third aims to verify the connection between human rights, the rights of nature, and climate justice in protecting the Pantanal, structuring the analysis around the right to a healthy climate: its relationship with human rights, based on the evolution of their dimensions and discussions in courts; the rights of nature, considering their historical subordination and the contributions of a more integrated approach; and climate justice in the Pantanal, based on its foundations, characteristics, challenges, and prospects for implementation in the biome. For this purpose, the deductive method is employed, starting from general theories related to human rights, the rights of nature, and climate justice, and applying them to the case of the Pantanal. Regarding techniques, this is a bibliographic and documentary study, based on the analysis of doctrine, national and international legislation, and judicial decisions. From the perspective of approach, the research is hermeneutic. Thus, based on the analysis of this connection, climate justice emerges as an instrument for the realization of human rights and the rights of nature in the Pantanal, by reconciling climate stability with the preservation of life under a more emancipatory and equitable approach.