O œESVERDEAMENTO DA CONVENÇÃO AMERICANA DE DIREITOS HUMANOS POVOS INDÍGENAS E PROTEÇÃO AMBIENTAL EM CONVERGÊNCIA

Abstract

The present study has for objective to analyze the convergence between the fields of the International Law of the Environment and International Law of the Human Rights in the context of the Inter-american Court of Human Rights (IDH Court), from a known phenomenon as "greening" or "esverdeamento" of the  human rights treaties. Along the past years, the growth of demands involving environmental issues in the international mechanisms of protection of human rights has been evidencing the strategic use of treaties of protection of the civil and political rights for the indirect judicialization of linked litigations to the protection of the environment. In the extent of the Interamerican System of Human Rights - in which a great part of the regional population is made up by indigenous and tribal peoples, that acknowlegedly mantain a close relationship with their lands and natural resources - that phenomenon has a significant relevance. It was observed that, to the light of the recente jurisprudence developments, mainly, in the Advisory Opinion n. 23/17 and in the case "Nuestra Tierra" vs Argentina, that practice tends to widen, to enable the use of the system in order to rule the environmental issue. It is used the qualitative approach, based on bibliographic and documental research.