Populações vulneráveis e a suscetibilidade aos efeitos dos desastres ambientais: uma abordagem jurídica

Abstract

This study aimed to investigate which factors contribute to the frequency and intensity increase of environmental disasters in recent decades, and seek to understand the vulnerability of the populations involved, analyzing their legal protection and how the risk management is structured. A descriptive analytical methodology was used to identify environmental disasters, their causes and effects, its relationship to the risks and consequences for vulnerable population, analyzing their fundamental rights. Thus, the Brazilian legal system and international standards are analyzed, in order to verify whether the State contemplates the subject in order to preserve the fundamental rights of vulnerable people, keeping the universality of these rights. As a result we obtained a broad theoretical framework on environmental disasters, their causes, typology and transformation in time and space, and relate it to concepts such as disaster risk, vulnerability, human rights and legal framework. We conclude that climate change, population growth in areas of risk and poverty have contributed to the consolidation of vulnerable societies, which are linked to vulnerable areas, susceptible to environmental disasters, and where the people involved don´t have their fundamental rights guaranteed, resulting in an ineffective state. Environmental disasters are increasing year after year, both in frequency and in magnitude, the human damage and economic losses have been increasing; Law 12.608/2012 brings new focuses, but still does not address many aspects that need legal protection . Therefore, there is a urgent need to prioritize the protection of vulnerable populations, which need different treatment to enjoy their fundamental rights more evenly.