NATURAL DISASTERS IN THE CONTEXT OF CLIMATE CHANGE: AN ANALYSIS OF THE BRAZILIAN LEGAL FRAMEWORK AND THE SEARCH FOR A REGULATORY FRAMEWORK FOR DISASTER LAW
Climate change. development. right. risk society
The Industrial Revolution marked the beginning of the modern era and brought many advancements to humanity. However, it also triggered serious environmental problems, such as climate change. Today, the climate crisis is a complex event that requires integrated and collaborative solutions, as science clearly shows the symptoms resulting from this phenomenon that affect life across the planet, such as the increase in global temperature, changes in precipitation patterns, rising sea levels, and the intensification of extreme weather events. Within this context, it is important to analyze whether the Brazilian legal system has adequately protected the impacts and effects derived from these disasters arising from the climate crisis. However, it is noted that there is no specific legal treatment for the matter in Brazil, resulting in uneven protection of the problems caused by disasters. Currently, the lack of applied hermeneutics covers the eco-complexity of disasters, preventing the Judiciary from establishing dialogues between the types of rights involved in disasters and offering satisfactory legal protection. Given this scenario, this research points to the need to establish a regulatory legal framework for disasters in Brazil, in order to standardize the treatment given to these extreme events and establish responsibilities, guaranteeing an effective response. Therefore, the problem statement of this research is the lack of adequate legal protection for the treatment of disasters on Brazilian soil. The initial hypothesis is the indispensability of building a legal regulatory framework for the protection of disasters in Brazil. This theoretical and exploratory research will use the deductive method with a qualitative approach and secondary sources from bibliographical and documentary research. It is concluded that although Brazil has laws that deal with the matter, they do not establish dialogues with each other and are not applied in a systematic way. Therefore, it is necessary to create a law that integrates all existing normative acts so that disasters obtain uniform treatment in the country.