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A LITIGÂNCIA CLIMÁTICA COMO INSTRUMENTO DE PROTEÇÃO DOS DIREITOS DOS POVOS ORIGINÁRIOS NA AMAZÔNIA INTERNACIONAL

SOUZA, Clara Medeiros Marés de ¹; FERREIRA, Heline Sivini ²
Curso do(a) Estudante: Direito – Escola de Direito – Câmpus Curitiba
Curso do(a) Orientador(a): Direito – Escola de Direito – Câmpus Curitiba

INTRODUCTION: Climate change, no longer a distant threat, profoundly impacts the daily lives of billions globally, who are already experiencing the repercussions of ecosystemic collapse. Following the 1988 Federal Constitution’s enshrinement of the right to an ecologically balanced environment, a diverse array of legal instruments has emerged to safeguard this fundamental right. While the executive and legislative branches bear a responsibility to protect this vital asset, the judiciary has increasingly been tasked with adjudicating environmental disputes, with a noticeable rise in climate-related claims in recent years. AIMS: This research aims to identify climate litigation as a tool for protecting indigenous peoples, with special attention to cases set in the International Amazon. MATERIALS AND METHODS: The systematic reading of climate litigation cases available in the Sabin Center for Climate Change Law and Grantham Research Institute on Climate Changeand the Environment databases was fundamental to the construction of this work. The analysis was organized using digital spreadsheets. The generalized analysis of the cases in the database was preceded by the specific selection of Latin American judgments, of which the countries that make up the International Amazon were highlighted. In a second step, all the Latin American cases involving indigenous peoples were selected and, of these, specialattention was paid to those that took place within the International Amazon. Thus, the research universe was composed. RESULTS: The survey totaled 221 climate litigation cases, 61.5% of which took place in Brazil. Of the Brazilian cases, the majority have the Amazon biome as their background. Cases involving violations of the rights of indigenous peoples were also analyzed in greater depth. It was found that cases of climate-related rights violations go hand in hand with systematic violence against traditional Amazonian peoples and communities FINAL CONSIDERATIONS: Climate litigation can be an important tool in combating the symptoms of climate change, especially in defending the rights of indigenous peoples in the international Amazon.

KEYWORDS: Climate litigation; Indigenous peoples; International Amazon; Climate change.

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Esta pesquisa foi desenvolvida com bolsa de Iniciação Científica com recursos do CNPq (Edital externo).

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