A Construção da Proteção Jurídica da Natureza no Sistema Interamericano de Direitos Humanos
Year: 2026
Type: article
Abstract: This article analyzes the evolution of nature´s legal protection in the Inter-American System of Human Rights , focusing on the construction of environmental laws as an autonomous human right, as well as the social movements that led to cases of international protection. Based on a review of the demands analyzed by the Inter-American System of Human Rights , the study examines the main decisive milestones that consolidated environmental protection in this system, highlighting emblematic cases such as Belo Monte, Pueblo Xucuru, Nuestra Terra and La Oroya, as well as legislative markers and the following interpretations . The work also explores the influence of international environmental law and the paradigm shift in relation to the justiciability of the right to the environment, moving from an anthropocentric approach to an interdependent vision of human rights. Finally, the article discusses the challenges and future perspectives for the consolidation of environmental law as a fundamental human right in the Inter-American system, aiming at paths of effectiveness for international decisions and conventions, concluding that the progress in updating them has a significant impact on the legal protection of nature, but is insufficient, given the absence of international documents with binding force.
Source: Direito Ambiental e Sociedade
Institution: Universidade Federal de São Carlos
Language: Portuguese
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7216927674