Migrantes ambientais sob a perspectiva da indivisibilidade dos direitos humanos

Abstract

Migrations for environmental reasons are not new in history. Since the earliest times, there have been records of people migrating to places that offer them better environmental conditions in search of food, water or even more favorable climatic conditions. However, in the context of the Anthropocene, this debate has been intensified due to the acceleration of climate change caused by anthropogenic action. Because of this, the discussion on "environmental migrants", "climate migrants" or even "environmental refugees" (terms still under debate in the literature) has been the object of special attention, since, in view of the picture that is presented in relation to the migratory policies currently in place, there is a need to rethink international legislation on migration for environmental reasons and provide subsidies to manage a possible future migratory crisis. Within this context, the present study has the general objective of analyzing the contours and possibilities related to the international legal protection of people who are forced to migrate, with border crossing, for environmental reasons, with the specific objectives of analyzing the current international legal protection related to forced migration and refuge; discuss the search for international recognition and protection of forced environmental migrants; and to investigate, based on the theory of the indivisibility of Human Rights, the (in)existence of legal protection for forced environmental migrants. The central hypothesis of the study is that the legal treatment of international migration for environmental reasons exists, but it is ineffective to protect migrants and needs new legislative mechanisms. To conduct the research and confirm or refute the hypothesis, the hypothetical-deductive method, proposed by Karl Popper, was used, through bibliographic research techniques in official migration agencies of the United Nations and in international normative documents that deal with the subject, in addition to scientific publications. As a product, it is hoped that this thesis, of an interdisciplinary nature, can be used in discussions about the current legal situation of people who forcibly migrate for environmental reasons, pointing out ways to protect these people, especially with climate change at an accelerated pace and the prospect of intensification of these migrations in the coming years. It was possible to conclude that it is impossible to adopt a discourse that denies protection to these people, even with the current situation, signaling, however, that there would be better recognition if there were a specific norm regarding environmental refugees.