Innovation in the Construction of International Environmental Jurisprudence: The case of the Belo Monte Power Plant in the inter-American human rights system and the reflexes in Brazil

This paper refers to the analysis of the innovative form in the construction of Right to the Environment in the interamerican jurisprudence of human rights and the possibility of international actions against a country, like Brazil, due to the denial in environmental quality of life. Considering that both theory and national and international Courts are recognizing the need to protect the environment as a human right, this study will assess the content of this right in international environmental law. This research intends to analyze details of the intersection between human rights and environmental foundations for sustainable development. In this context, the construction of the environmental protection concept in the Inter-American System of Human Rights and cases in which Brazil was sued internationally in this system will be verified. Special attention will be given to the installation of the Belo Monte hydroelectric plant in traditional indigenous areas in the Xingu River basin and the international action against Brazil. It is important for the development of the theme, to analyze the probable results of an international action against Brazil, because of national problems of lack of effectiveness, such as denial of justice and quality of life.