Direito à informação ambiental e litígio climático na Corte Interamericana: lições do caso La Oroya vs. Peru

Abstract

The present research analyzed the relationship between the right to environmental information and climate litigation within the Inter-American Human Rights System, using the ruling of the Inter-American Court of Human Rights (IACtHR) in the case of La Oroya vs. Peru as a case study. The objective was to assess the extent to which a lack of environmental transparency impacted the protection of human rights and how climate litigation can serve as a tool to ensure access to information and strengthen climate governance. The study adopted a qualitative approach, employing a case study methodology and content analysis of judicial documents, technical reports, and academic literature. The findings demonstrate that the absence of adequate environmental information compromised the democratic participation of the affected population, hindered the adoption of mitigation and adaptation measures, and negatively impacted the health and lives of impacted communities. Furthermore, the research highlighted that the IACtHR ruling represented progress in consolidating the relationship between climate and human rights, contributing to the development of a South American perspective on climate governance and establishing precedents that can be applied in other climate litigation cases. The analysis also revealed that climate litigation in the Global South faces structural challenges, particularly regarding the implementation of climate mitigation and adaptation policies and the strengthening of transparency mechanisms. Thus, this research contributes to the understanding of climate litigation as a strategic tool for climate justice and for the realization of the right to a healthy environment and climate in the Latin American context.