Direitos humanos e biodiversidade: análise jurídica da proteção do Bioma Pantanal à luz do desenvolvimento sustentável

Abstract

The loss of biodiversity is a reality faced by humanity. It is the result of the global environmental crisis and has consequences for the areas of Human Rights and Environmental Law. In this scenario, Brazil is highlighted as one of the countries that hosts significant global biodiversity. The Pantanal Biome is one of the protected biomes, however, its legal protection lacks further discussion, given the significant relevance of pantanal biodiversity both for the Brazilian states (Mato Grosso and Mato Grosso do Sul) and neighboring countries that shelter it (Paraguay and Bolivia), as well as for the global environmental balance, considering that it is the largest floodplain in the world. This master's thesis sought to verify how to effect human rights, nodily the human right to sustainable development, through the legal protection of biodiversity of the Pantanal Biome. To this end, it tried to understand the process of world development, up to its sustainable meaning, in addition to seeking to understand solidarity as a fundamental value for human development. Furthermore, to explore the relationship between biodiversity and human rights and, finally, to make reflections about the legal protection of the Pantanal Biome regarding the protection of biodiversity and its role to ensure the right to development and, consequently, other human guarantees. In order to achieve the desired objectives, this research used exploratory and descriptive, bibliographic and documentary research, with an analysis through works, articles, declarations, conventions and other documents. The method of approach was deductive, starting from generic concepts until its particularization. As for the procedures, the bibliographic and documentary methods were adopted, using as sources of research doctrines, contained in physical or digital environment, mainly legal articles, in addition to official documents, laws, legal norms, dissertations and theses, especially in the areas of International Law, Human Rights and Environmental Law. Based on the above, it was found that, in fact, the environmental crisis caused by unruly anthropic activity directly impacts the quality of life. However, there has been a break in paradigms over time, with the transition from the only economic vision to development focused on the eradication of social ills and aware that the environment influences the enjoyment of human rights and the quality of life offered to present and future generations. It is from an ecologically balanced environment that human and fundamental rights can be exercised. Development strategies should avoid achieving institutional effectiveness or economic profit at any price. To date, there is no general regulation that is capable of compatible with the economic and sustainable use of natural resources, human development and environmental preservation of the Pantanal Biome. The need for specific legislation is paramount, mainly because special areas, such as those formed by biomes, require legal regulation that assertively outlines the limits of human exploitation and defends the sustainable use of existing natural resources. Indicating the possibility of building legislation to protect the Pantanal reinforces the sustainability agenda and fosters public policies.