A proteção internacional dos refugiados ambientais fundamentada nos mecanismos de proteção do direito internacional dos refugiados

Abstract

The impact of environmental, natural and anthropogenic events on a human's life is so striking as to put entire populations at risk. Thousands of people are forced to cross the borders of their states in search of minimum conditions of survival in the face of the imbalance of the environmental system, so that the migratory flows of the "environmental refugees" today present a great challenge in the international scenario, and only tend to increase. In this prism we intend to verify effective forms of protection of these individuals. Such analysis will be based on existing legal mechanisms to protect them, considering the study of International Refugee Law and the possibility of its application to "environmental refugees", the linkage of the refuge institute to International Human Rights Law and Its application as a form of protection of the essential rights of the human being, as well as the application of the principle of non-refoulement, due to the complementary protection. In this sense, methods should be used to analyze the evolution of the international law of refugee law applied by States, as well as the need for new reconfigurations arising from the paradigms imposed by the reality of displacement for natural reasons. In this way, the inductive method will allow us to focus on how the regulation of refugee law adopted under international law will enable extensive analysis to cover environmental refugees that are not explicitly defined in the international standard. Also regarding the theoretical-methodological side, it is planned to follow a critical-methodological line in order to reach the objectives set forth herein.