A PROTEÇÃO DO MEIO AMBIENTE E DOS DIREITOS HUMANOS AFETADOS PELAS MUDANÇAS CLIMÁTICAS NOS SISTEMAS UNIVERSAL E REGIONAIS DE DIREITOS HUMANOS

Abstract

LIMA, Rafaela de Deus. The protection of the environment and the human rights affected by climate change in the universal and regional human rights system. 2021. 138 f. Dissertation (Master in Law) – Faculdade de Direito, Universidade Federal de Mato Grosso do Sul, 2021. Climate change is the huge challenge, linked to the global ecological crisis, which humanity has to face in the new geologic epoch called the Anthropocene. It is a transboundary issue with anthropic origins which consequences threaten all forms of life on the planet, including humanity. Thus, an effective answer for this challenge needs a multidisciplinary view. In the legal context, the Environmental Law, International Law and Human Rights Law have a significant importance related to mitigation and adaptation to face climate change. Therefore, the present Master dissertation explores the theme related to the environment and the human rights’ protection in the international human rights protection systems to answer the following question: how can climate justice be sought in the universal and regional human rights system to protect the environment and the human rights? Thus, its specifics objectives are: to analyze climate change as an ecological crisis’ manifestation in the new geologic epoch called Anthropocene; to examine the human rights violated by climate change; to study the main norms of the international climate change regime such as the UN Framework Convention on Climate Change (1992), the Kyoto Protocol (1997) and the Paris Agreement (2015); and to verify how can climate justice be sought in the universal and regional (european, inter-american and african) human rights system to protect the environment and the human rights. To achieve those goals and to answer the problem, the post-positivist epistemological paradigm is adopted, the theoretical and methodological approach is dogmatic and axiological, the method is deductive, the research is exploratory, descriptive with critical analysis, documentary, bibliographic and multi-cases.