The Possible Competence of the International Criminal Court to Try Ecocide Cases in Brazil and the Innovations in International Environmental Law

Abstract

The ineffectiveness of accountability measures in the case of environmental crimes that affect the right to life, health and other fundamental rights in the Brazilian domestic scenario, it is up to International Environmental Law to present possible alternatives in the international scenario in order to seek ways to ensure measures that address a greater protection of the environment, an essential value. In Brazil, social and environmental tragedies have occurred in recent years, such as the bursting of mining dams in the state of Minas Gerais, the increase of wildfires and deforestation in the Amazon, the destruction of ancestral and indigenous communities' lands, the increase of problems involving damage to the environment in cities, which has led to the violation of people's right to quality of life, among other serious environmental problems and crimes. In this context, the movement called Ecocide arises, which represents large-scale destruction of the environment. Thus, the present research aims to develop an analysis of Ecocide in Brazil and the possible innovations on this subject in the field of International Environmental Law. In the methodological field, the research comprehends a hypothetical-deductive approach method, with bibliographical research techniques, in which specialized literature in the environmental area will be used, and international literature involving Ecocide and the main documents produced by international organs such as the United Nations and the reports of the International Criminal Court, the competent organ to judge cases of Ecocide in the countries that integrate this international system. Considering the relevance of this court, a study of its procedures and functioning will be carried out. In this sense, it will be verified the possibility of framing environmental tragedies that occurred in Brazil, characterized as Ecocide in order to seek international accountability of those responsible for the damage in international courts, given the low effectiveness of national courts.