O (não)reconhecimento da migração climática e a possibilidade de proteção pelos mecanismos do direito das mudanças climáticas

Abstract

This article analyzes the climate migration and the legal protection of International Law. It uses the deductive method and, through exploratory and descriptive research, analyzes the relationship between climate and migration, the non-recognition of the climate migrants’ category and the reasons why an international treaty on the subject is missing. It examines the legal instruments of the Climate Change Law, to analyze whether it is possible to use the mechanisms of adaptation and damages to regulate migration. It concludes that poorly funding and accountability are obstacles to protecting climate migrants.