Refugiados climáticos

: a urgência de um reconhecimento legal

Abstract

The theme of this work aims to address the non-existent legal situation of climate refugees in the international legal regime, as well as in the context of the European Union. In this sense, we intend to address the reasons that originate this fact, likewise the need for a legal recognition of them, exploring International Refugee Law, in addition to the international and European panorama at the legal and political level, in order to address the possibilities of recognition and the resulting protection. We initiate the study with an approach to the social, political and legal landscape of refugees, at international and European level, exploring the very definition of refugee and the legal scenario that concerns it. This is followed by an analysis of the concept of climate refugee, in addition to the situation of its legal nonexistence in international law and community law. Formerly, we proceed to investigate certain alternative approaches to protecting climate refugees. Lastly, we analyse a recent relevant case of the United Nations Human Rights Committee, dealing with the issue. The study concludes with a consideration of the weight of the protection opportunities, of the decision in the considered case, as well as of the political and institutional wills, in the equation that is the grasp of this much desired legal recognition.

Date of Award	23 Jun 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Benedita Menezes Queiroz (Supervisor)