Do direito à segurança climática: um estudo sobre a construção de um novo bem jurídico constitucional

Abstract

By disturbing the Earth's balance, the effects of climate changes produce direct and indirect impacts on the effective fruition of several fundamental human rights, which calls, then, for the development of legal measures aimed at guaranteeing these rights through the protection of a safe, stable and healthy climate system. Thus, starting from the premise that the guarantee of a dignified life presupposes the guarantee of a climatically safe environment, this study has sought to display the foundations and contexts that permeate the need and importance of acknowledging a fundamental right to climate security in the hall of constitutional rights. To this end, a theoretical approach was used, through a bibliographical and documentary review based on scientific data, jurisprudential decisions, national and international legislation, scientific articles and the main doctrines on the subject. It was thus possible to conclude that, based on a global movement of changes in the legal treatment of the climate issue, largely pushed by the climate disputes, the recognition of a fundamental right to a stable and safe climate can come either from a broad interpretation of constitutional law to the ecologically balanced environment, or it can be considered as an autonomous constitutional legal good.