Direito do refugiado: aplicação do status de refugiado aos imigrantes ambientais

Abstract

The environment has undergone several transformations, some of which are quite negative for humanity, such as climate change, desertification, air pollution, rising sea levels, and other natural events such as earthquakes, tsunamis and tornadoes. has significantly altered the environment around us. Such circumstances have directly affected the human being and in some cases caused the impossibility of staying in the territory where it resides because these changes trigger an imbalance in the entire ecosystem of the region, thus interfering in the economy, politics and other areas of society. In this situation, people are forced to immigrate, with the emergence of the category of environmental immigrants, subjects who do not have international legal protection and are still ignored by several States. It is investigated, in this scenario, the possibility of these subjects being characterized as refugees and not just immigrants. To this end, the present work analyzes the legal instruments that determine the granting of refugee status, in addition to the other existing institutes of protection of the environmental immigrant, in order to verify the possibility of reformulation of the criteria of refuge, seeking their and guaranteeing rights to these subjects and thus a protection by international law.