A CRISE CLIMÁTICA E A CONSTITUIÇÃO DA TERRA DE FERRAJOLI

um diálogo entre a utopia jurídica e a vanguarda da jurisprudência internacional

Abstract

This article examines the advisory opinions issued in 2025 by the International Court of Justice and the Inter-American Court of Human Rights, which establish binding legal obligations for States in addressing the global climate crisis. These opinions are critically compared with Luigi Ferrajoli’s proposal for a Constitution for the Earth, a normative framework aimed at reinforcing planetary environmental governance through global constitutionalism. The central hypothesis posits that the advisory opinions represent a significant normative milestone in international environmental law and engage in meaningful dialogue with Ferrajoli’s theoretical model. Through a comparative critical analysis, the study explores the intersections and divergences between the legal foundations of international jurisprudence and the utopian vision of global constitutional law as conceived by Ferrajoli. The findings confirm the initial hypothesis, revealing that despite its practical limitations, Ferrajoli’s proposal offers a valuable theoretical horizon for advancing global environmental governance. The methodology employed integrates inductive, Cartesian, and deductive approaches, utilizing techniques such as referent analysis, categorical structuring, operational concept development, and bibliographic research.