A efetiva??o do Acordo de Paris no Brasil : um estudo comparado da prote??o ambiental com a Austr?lia e a Nova Zel?ndia

• Ano de defesa: 2020
• Autor(a) principal: Filter, Pedro Ag?o Seabra
• Orientador(a): Molinaro, Carlos Alberto
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontif?cia Universidade Cat?lica do Rio Grande do Sul
• Programa de Pós-Graduação: Programa de P?s-Gradua??o em Direito
• Departamento: Escola de Direito
• País: Brasil
• Palavras-chave em Português: Acordo de Paris; Mudan?as clim?ticas; Prote??o ambiental; Efetiva??o de direitos; Direito comparado
• Palavras-chave em Inglês: Paris Agreement; Climate changes; Environmental protection; Rights effectiveness; Comparative law
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://tede2.pucrs.br/tede2/handle/tede/9107

With the advent of the Paris Agreement in 2015, a new global commitment was drawn up in the framework of the United Nations Framework Convention on Climate Change, so that its signatory members could set ambitious voluntary goals to maintain the global temperature. below 1.5? C in order to jointly combat global warming and its effects ? climate change. Currently, influenced by international debates on environmental protection, in particular the Limits to Growth and Our Common Future reports, hundreds of countries have already introduced into their national legal systems environmental principles and standards capable of safeguarding the ecologically balanced environment; others have even created national systems of environmental agencies at different levels and structures of governments. However, a major problem that has been shown is the inability of countries to implement and enforce these rights. The causes are diverse, including political animosity and administrative inefficiency. In this sense, under the question of the capacities of the legal and political measures taken to reach their goals in the framework of the international agreement signed, the present work, using the qualitative descriptive research type, compares Brazil and Oceania countries, in a method comparative procedure when analyzing legal systems ? especially the effectiveness of their environmental courts ? and environmental policies, seeking to understand the reasons why standards are not implemented and enforced, as well as to consider, in an inductive methodological approach, which legal institutes and government policies would best effect the environmental principle in order to ensure the preservation and environmental protection. In the end, it is recognized that the economic instruments described by the Paris Agreement, such as loss and damage financing ? Warsaw International Mechanism (WIM) -, the carbon market and the payment of environmental services instruments, are essential for ensuring sufficient resources to countries, especially those vulnerable to the damaging effects of extreme events, to finance and develop their environmental policies and systems.