[Título em português: Emergência Climática e Expansão da Indústria Petrolífera na América Latina: Desafios Urgentes para a Corte Interamericana de Direitos Humanos]. In: At the Crossroads of Public Law: Equality, Climate Emergency, and Democracy in the Digital Era: XII Annual Conference of the International Society of Public Law (ICON-S), Brasília. New York: International Society of Public Law, 2025.

Abstract: Despite the general decrease in petroleum production in Latin America, several projects for expanding oil platforms and maximizing the respective production are underway in some countries (e.g.: Guyana, Brazil). In apparent opposition to this macroeconomic movement, relevant international obligations are connected to the progressive decarbonization (Paris Agreement) and the protection of the natural environment. In this sense, the current debate on the (in)compatibility of such legal parameters with projects for increasing oil production, especially in the States Parties to the Pact of San José de Costa Rica, coincides with the recent request to the Inter-American Court of Human Rights for a specific advisory opinion on the climate emergency and human rights (OC-32, 2023). Considering this scenario, the IACtHR may decide between strict alternatives: 1. to not address the problem in its advisory opinion; 2. to address the problem and assume that: 2.1. the promotion of economic growth must prevail, even if through actions that accelerate climate change, such as the expansion of the oil industry; 2.2. the merger of international norms aimed at mitigating the climate emergency and protecting the environment (non-regression clause) must prevail as an essential condition for economic development. In this last case, the Inter-American Court shall face the challenge of establishing clear parameters of legality for climate-sustainable development, to specify the international obligations resulting from the normative harmonization between the Paris Agreement and the American Convention on Human Rights.

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