Desastres, pobreza e justiça distributiva. Reflexões e perspectivas a partir do caso Öneryildiz versus Turquia
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This work consists of a case study that examines the relationship between disasters, poverty
and distributive justice, focusing on the sentence of the case Öneryildiz versus Turkey, handed
down by the European Court of Human Rights, on November 30, 2004. The research explores
the role of distributive justice in the context of civil liability for disasters and emphasizes the
need for a comprehensive understanding of the responsibilities and obligations of States and
individuals in addressing the impacts of disasters on marginalized communities. The study
begins by analyzing the jurisprudence of the aforementioned court and how it shapes the
discourse on distributive justice and civil liability. It emphasizes the obligations imposed on
States by the European Convention on Human Rights in relation to the civil liability systems of
States that have ratified it. Furthermore, it investigates the interaction between distributive and
corrective justice in the field of civil liability. This analysis seeks to go beyond traditional
approaches that focus only on compensatory measures and explores the potential of distributive
justice principles to deal with social and economic inequalities exacerbated by disasters, mainly
in the deterrent and preventive aspects. The concept of “resilient repair” is examined,
highlighting the importance of integrating resilience-building measures into post-disaster
compensation processes. Through empirical analyzes and theoretical reflections, this study
highlights the importance of distributive justice in disaster management, defending the
equitable allocation of resources, defending vulnerable populations and creating preventive
structures to reduce the impact of future disasters. This research contributes to understanding
the role of distributive justice in the context of civil liability for disasters, considering poverty
as one of the main vulnerability factors, offering reflections, theoretical analyzes and practical
recommendations for those interested in the relationship between disasters, poverty and
distributive justice