Dano climático futuro e responsabilidade civil

Abstract

This research focuses on the construction of basic notions for structuring Climate Change Law as a legal branch that aims to ensure the most fundamental human right: the right to existence. By observing the way in which concepts derived from scientific knowledge about climate change are translated by the Law system, the writing defines in the intergenerational protection of the climate system the legal good object of protection and guardianship in terms of anthropogenic climate change, permeating the different normative dimensions that give it the proper density. Subsequently, it strives to elaborate the concept of climate damage as a violation or threat of violation to the functionality of the climate system, respecting the legal definition all the specificities inherent to the scientific concept of climate system, and recognizing it as a species of the genus environmental damage. Based on the confirmation of the current scenario of consummated climate damage, as a diffuse, cumulative and synergistic nature, added to the risk of harmful irreversibility, the meaning and relevance of the definition of future climate damage, and the preventive and precautionary legal duties are projected that fall on all agents identified as responsible for preventing their materialization.