The safe climate system as a human right guaranteed in the international order: an analysis from the greening of human rights

• Autor(a) principal: Bertoldi, Márcia Rodrigues
• Data de Publicação: 2023
• Outros Autores: Corrêa, Renata Xavier
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Thesis Juris
• Texto Completo: https://periodicos.uninove.br/thesisjuris/article/view/22080
• topic: climate changes; safe climate system; greening of human rights; mudanças climáticas; sistema climático seguro; ecologização dos direitos humanos

The present work defends the recognition of a safe climate system as a human right that can be protected in the international order. Initially, it presents the phenomenon of climate change, its impacts on the enjoyment of human rights, and the legal responses to protect it. Afterward, it analyzes the theory of the greening of human rights, which considers the environment as the interpretive lens necessary for the understanding and realization of other human rights. Finally, it presents the concept of the right to a safe climate system and how climate litigation serves to protect the theme. It concludes that a safe climate system must be considered a human right protected by the international order. The research method is deductive, starting from the premise that climate change is a reality and impacts the enjoyment of human rights; and that human rights must be interpreted in the light of climate change; the existence of a safe climate system emerges as a human right to be protected in the international order, to allow the maintenance of life.