Migrações forçadas e meio ambiente : desafios conceituais e perspectivas de tutela

Abstract

This work deals with the theme of forced migration due to natural disasters and the effects of climate change. It aims to identify the characteristics of this migrant and, consequently, wich protection instruments of Public International Law are applicable to this situation. This is an important issue because there is no specific regulation of this type of migration. Therefore it is very difficult to conceptualize and identify whether the issue should be addressed by Public International Law or by the domestic legislation of each State. This, it justifies the need to analyze the migration and environment nexus, and the specificities of environmental migration flows, with the central problem being the conceptualization and identification of protection perspectives. As for the research methodology, it will be used as procedure method, the documentary analysis and bibliographic review, with the examination of statistics on environmental migration in the empirical phase of the work. The approach method is the hypothetical-deductive and dialectical. Finally, it was concluded that, according to the empirical analysis, the environmental migration occurs mainly in the domestic sphere, therefore the National states are responsible to deal with them. Also, it was notes that environmental migrations that cross internacional borders are punctual, as they manifest themselves in specific situations of the globe, which does not justify the creation of jus cogens with universal scope. Given these evidences, it was understood that regional or even bilateral instruments, soft law and international cooperation are that best instruments to deal with this specifics cases of enviromental displacement that cross internacional borders.