A indefinição do refugiado ambiental: uma análise da lacuna jurídica internacional e o caso de Ioane Teitiota

Abstract

This study aims to analyze the international legal gap concerning the protection of individuals termed "environmental refugees," characterized as those compelled to abandon their places of origin due to climate change or environmental degradation. Furthermore, it examines the limitations of International Refugee Law (IRL), discusses normative proposals to address this gap, and evaluates the emblematic case of Ioane Teitiota, who sought refugee status in New Zealand, arguing that his life and of his family were endangered by climate change impacts in Kiribati. Methodologically, the research employs bibliographic and documentary analyses, including reviews of international treaties (such as the 1951 Convention and its 1967 Protocol), regional frameworks (Cartagena Declaration and OAU Convention), national brazilian legislation (Brazilian Law No. 9.474), United Nations (UN) body decisions, doctrinal interpretations, and academic articles. The findings conclude that the classical refugee concept—tied to persecution on political, religious, or ethnic grounds—fails to encompass those displaced by climate change and environmental disasters. The Teitiota case underscored legal resistance to recognizing climate change as grounds for refuge, even after the UN Committee acknowledged that such environmental threats may violate the right to life. This normative uncertainty highlights the vulnerability of populations in Small Island States and regions affected by environmental crises, emphasizing the urgent need to implement and codify international norms that integrate climate protection into International Human Rights Law and International Refugee Law. Thus, the study demonstrates that without concrete advancements, the existing legal gap will perpetuate injustices and marginalize these individuals, demanding a robust response from the International Community to ensure their protection and rights.