Direitos humanos, justiça climática e a implementação do Acordo de Paris: a (in)efetividade da justiça socioambiental em face dos vulneráveis

Abstract

The subject of climate change has many ramifications for the law. In this vein, the central aim of this thesis is to analyze the current state of discussions on human rights and socio-environmental and climate justice in Brazil, considering the implementation of the Paris Agreement. The methodology is analytical and qualitative, using a literature review, documentary, and jurisprudential analysis, as well as the inductive method. From a theoretical point of view, the evolution of human rights towards socio-environmental justice is presented. In addition, the bibliography consulted discusses the origins of climate justice and its correlations with socio-environmental justice. The perspective of vulnerability is dealt with in the conceptual framework and within the effects of climate change. Along these lines, it is pointed out that the construction of human rights in climate change implies the growth of accountability and the need to raise awareness among human beings. In terms of investigating the application of measures aimed at safeguarding human rights in the climate eld, there has been an increase in lawsuits and administrative measures relating to global climate change. The debate on tackling climate change and the role of the Brazilian state in the legislative, executive, and judicial spheres are analyzed. About the legislative and executive powers, the regulation and applicability of the instruments that make up the National Policy on Climate Change are examined. Brazilian trends are examined in the judiciary based on a doctrinal approach and a survey and analysis of climate litigation lawsuits. Thus, the prominent lawsuits on the subject worldwide and in selected countries were surveyed, specifically in Brazil, after analyzing the prole of climate litigation, focusing on the Federal Supreme Court. Regarding Brazilian cases, we examined the concept of litigation directly focused on climate change and, indirectly, what happens when this issue appears peripherally. Subsequently, the existence of human rights in the list of arguments in these lawsuits was explored. In the effectiveness analysis, comparisons were made with cases in other jurisdictions. In addition, the Brazilian state’s role in implementing the National Policy on Climate Change was compared. In conclusion, climate change has come to be seen as an issue that protects human rights. This reality in Brazil shows evidence that those most vulnerable or affected by climate change can access an adequate climate justice process with a reasonable duration. Their claims will be judged in compliance with constitutional standards. Thus, strategic litigation in the climate area will have the power to promote changes in the status quo of policies, demanding effective measures from the legislative and executive powers to tackle climate change