Protecção do meio ambiente em situações de conflito armado

Abstract

This work focuses on the issue of the legal regime of environmental protection in situations of armed conflict. The aim here is to identify legal standards in the national and international legal system that guarantee the effective protection of the environment in situations of armed conflict, based on the premise that it is crucial, for the survival and well-being of humanity, to protect the environment to safeguard its balance. A degraded environment causes negative impacts on the health of human beings and can compromise their existence. To materialize this work, we chose, firstly, to analyze the hypotheses offered by the Internal Law of environmental protection in war scenarios, although it was found that it does not offer standards that protect the environment in these scenarios. It is a Right to peace. Due to this difficulty, we resorted to the Law Public International, specifically International Humanitarian Law to seek possibilities for protecting the environment against weapons, maneuvers and military interests, since it is the sub-branch of International Law that regulates internal and international armed conflicts. From this analysis it was determined that this sub-branch has some limitations resulting from the use of imprecise terms that make it difficult to assess environmental damage, its outdatedness, etc. Finally, the possibility of approximations that could be made between Humanitarian Law and International Environmental Law was analyzed, since the latter has legislation broader, updated and ecocentric environmental