Between the homeless and the uprooted households: legal limits of civil defense in Rio Grande do Sul in the face of climate disaster displacement during the 2024 floodsAbstract
The 2024 floods in Rio Grande do Sul exposed the scale of socio-environmental disruption associated with extreme climate events, resulting in extensive displacement and severe housing losses. This article examines the legal framework applied in the State’s response to these disasters, focusing on the normative categories used to define persons in situations of forced mobility. It analyzes how terms such as “homeless” and “uprooted households” structure processes of recognition, delimit the scope of protection, and condition the forms of assistance provided by public authorities. The methodology consists of bibliographic and documentary research, based on legislation, official reports, and specialized literature. The analysis demonstrates that these legal classifications operate as normative instruments that shape access to rights and the implementation of public policies, revealing gaps and limitations that compromise the effectiveness of fundamental rights for populations affected by environmental disasters in the context examined.
Keywords:
human mobility; Internally Displaced Persons; environmental migration; public policies
Resumo
As enchentes de 2024 no Rio Grande do Sul evidenciaram a magnitude da ruptura socioambiental associada a eventos climáticos extremos, resultando em deslocamentos extensos e graves perdas habitacionais. Este artigo examina o arcabouço jurídico aplicado na resposta do Estado a esses desastres, com foco nas categorias normativas utilizadas para definir pessoas em situações de mobilidade forçada. Analisa como termos como “desabrigados” e “famílias deslocadas” estruturam os processos de reconhecimento, delimitam o alcance da proteção e condicionam as formas de assistência oferecidas pelas autoridades públicas. A metodologia consiste em pesquisa bibliográfica e documental, baseada em legislação, relatórios oficiais e literatura especializada. A análise demonstra que essas classificações jurídicas operam como instrumentos normativos que moldam o acesso a direitos e a implementação de políticas públicas, revelando lacunas e limitações que comprometem a efetividade dos direitos fundamentais das populações afetadas por desastres ambientais no contexto examinado.
Palavras-chave:
mobilidade humana; deslocados internos; migração ambiental; políticas públicas
Introduction
The increasing frequency and intensity of environmental disasters in Brazil, associated with climate change, reveal structural weaknesses in the protection system for vulnerable populations and expose the limitations of the legal framework in safeguarding people subjected to forced human mobility. The state of Rio Grande do Sul (RS), particularly affected by climatic events of 2024, has become an emblematic example of the complexity of this phenomenon, having recorded significant housing losses, the destruction of essential infrastructure, and the compulsory displacement of thousands of people. Despite the existence of a consolidated normative framework on protection and civil defense, composed of instruments such as Law No. 12.608/2012 (Brasil, 2012), Decree No. 10.593/2020 (Brasil, 2020), and Ordinance No. 260/2022 (Brasil, 2022) of the Ministry of Regional Development, it is observed that Brazilian legislation does not formally encompass the category of internally displaced persons due to environmental disasters, restricting the State’s action to the categories of the homeless and the displaced. Such normative limitation results in the legal invisibility of these populations, undermining the formulation of comprehensive public policies and the effectiveness of fundamental rights.
The present study aims to conduct a critical analysis of the legal framework applied in RS in response to the environmental disasters of 2024, focusing on the identification and examination of the legal categories used by normative instruments to define persons in forced mobility. It seeks to evaluate how such categories, including concepts such as “homeless” and “uprooted households”, structure the recognition, protection regime, and forms of assistance provided by public authorities, identifying gaps, limitations, and the impacts of these definitions on the effectiveness of fundamental rights and the formulation of public policies aimed at the protection of affected populations. The research adopts a dogmatic-analytical methodology, based on the examination of laws, decrees, ordinances, and provisional measures, etc., complemented by doctrinal and documentary analysis on disasters, civil protection, and human mobility. By articulating legal, normative, and practical dimensions, the article aims to contribute to the academic and legal debate on the need for explicit recognition of the category of internally displaced persons due to disasters.
This article falls within the scope of Law and, for that reason, deliberately adopts a legal-normative approach. Although human displacements resulting from environmental disasters involve multiple dimensions (sociological, anthropological, economic, political, cultural, among others) (Black et al., 2013; Pérez Martínez, Redín, Forero, 2024; Boano, Zetter, Morris, 2008), the aim of this study is not to exhaustively address these perspectives, but to examine them insofar as they impact the normative and institutional framework responsible for the protection of affected populations. These multiple dimensions are considered here as factual contexts that challenge the legal protection system, rather than as the central object of investigation.
The debate on climate justice, within which this research is more broadly situated, constitutes a complex and interdisciplinary field, characterized by distinct conceptual formulations and plural approaches regarding its content and scope (Magalhães, 2025; Moreira, Amorim, Dalla Nora, Sato, 2023). This article does not aim to develop a comprehensive theoretical analysis of the concept of climate justice, nor to address its interpretative currents. The methodological delimitation is justified by the need to examine, with technical precision, the coherence, limits, and gaps of the legal framework applicable to situations of forced displacement resulting from environmental disasters, specifically in the context of the floods that occurred in the RS in 2024.
This article also does not aim to provide a historical or bibliographic review of environmental migrations and forced displacements due to environmental causes. Likewise, it does not seek to discuss these events from the perspective of climate sciences, a field in which the topic has already been extensively debated for decades (IPCC, 1992; Brown, McGrath, Stokes, 1976).
The adopted focus is on the technical analysis of the normative and operational framework that guided the actions of the Civil Defense of RS during the 2024 crisis, with emphasis on the legal categories employed for the recognition and protection of affected persons. The aim and approach of this article stem from the practical need to understand how the limitations of the existing legal framework conditioned the institutional responses intended to protect those affected by the 2024 events.
Finally, this study does not aim to develop an in-depth theoretical debate on the most appropriate terminology to designate population movements associated with environmental factors, such as “climate refugees”, “environmental refugees”, “environmentally displaced persons”, or “environmental migrants”, nor to thoroughly explore the conceptual distinctions related to voluntariness, planning, or the imminence of departure. These debates are undoubtedly relevant at an abstract and academic level (Avallone, 2024; Zetter, 2017; Ramos, 2011). However, the focus of the present study lies in the analysis of the legal framework actually applied in the context under examination.
1. The climate tragedy in Rio Grande do Sul in 2024
The floods that occurred in RS in 2024 represent a milestone in the history of environmental disasters in Brazil, both due to the intensity of the climatic events and the magnitude of their social, economic, and institutional impacts. This episode unmistakably highlighted the weaknesses in the integrated risk and disaster management in the country and the need to improve public policies for prevention, mitigation, and adaptation. Among all aspects, the mass displacement of people stands out as one of the most critical elements, revealing both the vulnerability of the affected populations and the absence of specific legal and institutional mechanisms for their protection.
According to official Civil Defense reports in the state of RS, at the peak of the crisis, more than 2.3 million people were directly affected. The report indicated 65,762 people in collective shelters and 581,643 displaced from their homes. The State’s response apparatus mobilized 27,751 public agents, 4,048 vehicles, 14 aircraft, and 253 boats, resulting in the rescue of 82,666 people and 12,440 animals (Estado do Rio Grande do Sul, 2024a). At the conclusion of the most acute phase of the tragedy, the consolidated survey recorded 478 municipalities affected, 27 missing persons, and 183 confirmed deaths (Estado do Rio Grande do Sul, 2024b). These numbers not only reveal the territorial and population scope of the catastrophe but also highlight the magnitude of internal forced displacements, constituting a large-scale humanitarian crisis.
The climatic phenomenon that triggered the disaster began on April 4, 2024, and extended over several weeks, with significant intensity until early May. During this period, the accumulated rainfall reached 652 mm in approximately 30 days, with 444 mm occurring in the eight days preceding the peak of the event. This volume surpassed the records of the 1941 flood, previously considered the most severe in the state’s history. (Magalhães Filho et al., 2024, p. 27).
The severity of the event requires analysis across three main dimensions: meteorological, geomorphological, and anthropogenic. From a meteorological perspective, the influence of the El Niño phenomenon was recorded, combined with the persistence of low-pressure zones, high temperatures, and elevated humidity levels, factors that prevented the dissipation of instability fronts over the RS territory. In the geomorphological aspect, the configuration of the Guaíba basin stands out, which concentrates the flow of rivers originating from high-slope areas with basaltic soils, thereby intensifying flash floods and landslides. Finally, the anthropogenic dimension relates to urban occupation in floodplain areas, particularly in the Metropolitan Region of Porto Alegre - MRPA (the most affected area), where entire communities were established in zones known to be prone to flooding (Magalhães Filho et al., 2024, p. 28).
The State and social response to the tragedy involved multiple efforts. The National Force was deployed to reinforce security and logistics, while the Navy dispatched support vessels for the transport of supplies and health services (Bahia et al., 2024, p. 71-72). The calamity also drew the attention of international organizations. The United Nations High Commissioner for Refugees (UNHCR) provided assistance to the most vulnerable populations, such as migrants, refugees, and families in extreme poverty. Beyond immediate aid, the agency offered technical collaboration in formulating medium- and long-term strategies. During the crisis, UNHCR highlighted, on several occasions, the relevance of Bill No. 2.038/20241, which proposes the creation of a National Policy for Internally Displaced Persons (Torzilli, 2024, p. 101-102).
The social and economic effects of the tragedy were equally significant and are directly related to the displacements. It is estimated that 23,300 private establishments suffered direct losses, affecting the labor market of approximately 330,000 people. The impacted area, around 16,000 km², corresponds to ten times the territorial extension of the city of São Paulo. The prolonged duration of the flood exacerbated the situation, as the level of the Guaíba River remained above the flood mark for approximately one month, leading to the extended closure of highways, the central bus station, and Salgado Filho International Airport, the latter remaining closed until October 2024 (Monasterio, Ehrl, 2024, p. 56). This context intensified forced mobility, not only residential but also occupational, as thousands of workers were displaced from their activities due to the local economic shutdown.
Beyond material losses, the crisis exposed deep social vulnerabilities in the displacements. In improvised shelters, incidents of sexual violence were reported, leading to the creation of spaces exclusively for women and children. Public health faced significant epidemiological risks, particularly related to leptospirosis and other waterborne diseases. Indigenous peoples and quilombola communities were among the most affected groups, facing displacement from their lands, homes, and traditional ways of life (Bahia et al., 2024, p. 76). This scenario reveals that compulsory mobility did not occur uniformly but disproportionately affected populations with greater social vulnerability.
The magnitude of the event, the scale of the devastation, and the centrality of displacements as a social phenomenon indicate that the 2024 floods represent a turning point for the formulation of public policies in Brazil. This case highlights the convergence of global climate change, local structural vulnerabilities, and institutional shortcomings, with the primary consequence being the forced mobility of hundreds of thousands of people. The coordination between emergency response, socioeconomic recovery, social protection, and long-term planning will be decisive in ensuring that similar tragedies do not result in mass displacements of the same intensity.
2. Conceptual parameters related to human displacement and vulnerability
Considering that the present study is dedicated to the critical analysis of the normative framework applied to the specific case of the events that occurred in Rio Grande do Sul, some conceptual clarifications are necessary. This is not intended to develop an in-depth theoretical debate on the categories applicable to environmental migration, nor to exhaustively examine existing terminological disputes. The objective of this section is more limited: to provide conceptual parameters that allow for a precise understanding of the scope and limits of the categories implicated in the debates of this article.
Academic and institutional production on human mobility exhibits significant terminological diversity, which can create ambiguities in the understanding of the phenomena (Avallone, 2024; Zetter, 2017; Ramos, 2011). Thus, the clarification of the adopted categories aims to ensure analytical coherence.
The following terms have been defined as relevant: i) “climate migration”; ii) “Displaced Persons”; iii) “Internally Displaced Persons”; iv) “Disaster”; v) “Disaster Displacement”; vi) “Evacuation”; and vii) “Planned Relocation”. The Glossary on Migration of the IOM2 is adopted as the reference. The choice is justified by the role of the IOM as an international reference organization on migration issues and by the widespread use of its glossary as an instrument for terminological harmonization in normative documents, technical reports, and other materials. These definitions do not necessarily correspond to the legal categories implicated in the case of Rio Grande do Sul, but rather serve as technical-conceptual references. The definitions specific to local legislation in the case of Rio Grande do Sul are analyzed in the section dedicated to the examination of the applicable legal framework.
Table 1 presents the selected terms and their respective definitions.
As observed in Table 1, there are areas of semantic overlap among some of the categories presented, particularly regarding the notions of “displaced persons”, “internally displaced persons” and “disaster displacement”, as well as the relationships between “climate migration” and disaster-related displacements. This intersection occurs precisely because of the connection between the concepts presented.
In addition to these categories, it is also necessary to address the concepts of “immobility” and “vulnerability”, which are considered relevant in the context of this article. These notions do not have a consolidated definition within the IOM glossary, and for this reason, they will be examined based on specific doctrinal references.
Mobility, in the context of environmental disasters, can constitute a form of adaptation accessible to those who possess the material and social means to move. However, in the absence of financial resources, support networks, or housing alternatives, certain groups lack the option to leave areas exposed to environmental hazards, creating situations that are known in the literature as involuntary immobility (Zenaida Lauda-Rodriguez, Ramos, 2024; Nawrotzki, DeWaard, 2018; Black et al., 2011).
In this regard, the notion of vulnerability should be considered from a perspective that goes beyond the merely physical dimension of risk exposure. As Pérez Martínez, Redín, and Forero (2024) point out, vulnerability can be defined as a socially constructed and historically determined condition that reflects inequalities in the capacity of individuals and communities to cope with disruptive events. It manifests in differentiated exposure to risks, dependence on ecosystems sensitive to environmental and climate changes, limited access to resources, political participation, and other factors, affecting specific groups in distinct ways.
The events that occurred in Rio Grande do Sul, as well as the set of normative responses implemented, should be understood in light of these categories. Throughout the article, whenever these terms are used, they refer to these concepts.
3. Normative gaps in the legal treatment of disaster-induced internal displacement
To understand the deficiencies in the protection of persons in human mobility due to disasters, it is necessary to analyze the functioning of the National Civil Protection and Defense Policy, Brazilian governance in risk management, as well as the legal framework on migration and asylum in force in the country.
In this context, Law No. 12.608/2012, which established the National Civil Protection and Defense Policy (PNPDEC), stands out. Article 3 of this Law provides that the PNPDEC shall be implemented through cooperation between the Union, the States, the Federal District, and the Municipalities, establishing the National Civil Protection and Defense System (SINPDEC). Article 4 defines that the Policy should be structured around actions of prevention, mitigation, preparedness, response, and recovery (Brasil, 2012). Furthermore, Article 5 of the Law lists the central objectives3 of the PNPDEC.
Among the objectives, there are 3 which deserve particular attention: regulating urban and rural land occupation considering the conservation of native vegetation, water resources, and human life; combating occupation of environmentally vulnerable and high-risk areas, promoting the relocation of populations residing in such areas; and encouraging initiatives that result in housing allocation in safe locations (Brasil, 2012).
It is important to acknowledge that internal displacements associated with environmental disasters do not, in most cases, result from a simple or exclusive causality. Specialized literature indicates that such movements arise from the interaction of environmental, socioeconomic, territorial, and institutional factors, which operate in a combined manner within each specific context (Black et al., 2013; Pérez Martínez, Redín, Forero, 2024; Boano, Zetter, Morris, 2008).
Extreme events, such as those observed in Rio Grande do Sul, act as drivers of coerced mobility, producing outcomes ranging from evacuations to protracted displacements, including through state-led planned relocation initiatives (Moreira, 2024).
Planned relocation is, essentially, a public intervention characterized by the organized transfer of groups or communities when remaining in risk areas is incompatible with the protection of populations (Pérez Martínez, Redín, Forero, 2024). Its implementation requires institutional coordination, a consistent normative basis, adequate resources, and social participation. In the context of RS, although the legal framework provides for instruments aimed at risk mitigation and the promotion of planned relocation, the recent experience has revealed discrepancies between normative provisions and the implementation of policies in this regard.
In view of the greater exposure of populations in situations of vulnerability, it is necessary to formulate policies aimed not only at immediate response, but also at strengthening territorial and community resilience. According to Costa et al. (2024), in the case of the MRPA, this involves investments in containment and drainage infrastructure, the maintenance and modernization of floodgates and pumping systems, the environmental restoration of degraded areas and the preservation of riparian forests, as well as housing policies that encompass reconstruction and possible relocation of dwellings located in risk areas.
According to a study published by IPEA4, despite the magnitude of the impacts, which affected approximately 219,000 dwellings in the MRPA alone, no structured relocation initiatives targeted at populations exposed to high levels of risk were identified (Costa et al., 2024).
In light of the normative objectives formally attributed to the National Civil Protection and Defense Policy and the empirical evidence emerging from the events in RS, it is necessary to examine how the Brazilian legal framework structures disaster governance and defines the categories through which affected populations are addressed.
Decree No. 10.593/2020 regulates the organization and functioning of SINPDEC, the National Civil Protection and Defense Council (CNPDC), the National Civil Protection and Defense Plan (PNPDC), and the National Disaster Information System (S2iD). Article 2 of the Decree presents fundamental definitions5 such as “prevention actions,” “response actions,” “recovery actions,” “state of emergency,” and “state of public calamity.” These categories, although essential for risk management, do not explicitly contemplate the figure of internally displaced persons, being limited to the notions of “homeless6” and “Uprooted households7” (Brasil, 2020).
The incorporation, within the scope of Decree No. 10.593/2020, of an express and delimited definition of the category “disaster displaced persons” or “internally displaced persons”, distinct from the notions of “homeless” and “uprooted households”, proves to be legally relevant. The categories currently provided for are adequate for the management of the immediate emergency and for the assessment of direct damages resulting from the disaster. However, they do not systematically encompass situations in which individuals or families, although no longer classifiable as “homeless” or “uprooted households” in official records, remain unable to return to their places of origin or to rebuild their minimum conditions of subsistence. In such cases, the absence of a specific normative category contributes to the discontinuity of state monitoring and to the progressive invisibilization of these persons and of the vulnerabilities intensified or generated by the disaster.
In response to the devastating climatic events that affected RS in 2024, the State implemented various regulatory measures and programs aimed at supporting affected populations, particularly those who lost their homes or were forced to leave their residences. These initiatives, although essential, reveal gaps in the existing legislation.
Prior to the massive rains of 2024, the RS had already faced extreme climatic events, such as floods and landslides in different regions of the state. These occurrences had already caused housing losses and temporary displacements, highlighting the need for normative responses and emergency assistance. These preliminary experiences were instrumental in the development of legal instruments aimed at protecting families affected, creating a legal foundation that would later be expanded in response to the severity of the 2024 disasters (Estado do Rio Grande do Sul, 2023).
One of the main regulatory advances was the formal integration of the categories of “homeless” and “uprooted households”. At the state level, Law No. 15.977, of July 12, 2023, stands out, which established the “Volta por Cima” Programme, designed as a public policy to provide immediate financial support to families in vulnerable situations resulting from calamities or emergencies (Estado do Rio Grande do Sul, 2023).
Specifically for the 2024 climatic disasters, the law was regulated by Decree No. 57.607, of May 9, 2024, which established the criteria for granting the benefit. Among the requirements are: i) the formal recognition of the family unit as homeless or uprooted households;8 ii) residence in a municipality with a State-approved Decree of Emergency or Public Calamity;9 and iii) inclusion in a registry conducted by the municipal Social Assistance teams in the program’s electronic system10 (Brasil, 2024a).
At the federal level, the normative response materialized in Provisional Measure No. 1.219, of May 15, 2024, which allocated specific financial support to displaced and homeless families in municipalities of RS that had their state of public calamity or emergency recognized by the Executive Branch (Brasil, 2024b). Article 2 of the Provisional Measure established that the emergency aid was intended for families officially classified under these categories, linking eligibility to the administrative recognition of the disaster situation and registration in official databases, such as the Single Registry for Social Programs (CadÚnico), ensuring traceability and control in program execution (Brasil, 2024b).
The legislative adoption of the category of “disaster displaced persons” or “internally displaced persons”, especially when linked to disasters, would make it possible to structure responses oriented not only toward emergency assistance, but also toward medium and long-term stabilization and recovery. Although public reconstruction policies, such as the “Volta por Cima” Program, represent relevant institutional advances, access to their benefits is subject to specific eligibility criteria. In particular, applicants must obtain formal recognition as “homeless” or “uprooted households” and must reside in a municipality officially declared by the state to be under emergency or calamity (as addressed below). Such a normative design tends to exclude individuals who come from situations of severe precariousness or who, in view of the risk of further disasters, decided to leave their territories even though they did not formally qualify as “homeless” or “uprooted households”. As a result, they remain outside the scope of protection and reconstruction policies.
In this context, the absence of an expressly defined legal category capable of encompassing disaster related internal displacement is not merely conceptual, but has concrete procedural consequences. Since access to assistance and reconstruction policies depends on administrative classifications and on the formal recognition of emergency or calamity situations, the terminology adopted within disaster governance instruments directly shapes the identification of affected populations. It is therefore essential to examine how the declaration and federal recognition of a state of emergency or public calamity are operationalized and which parameters are used to register human damages, as these mechanisms determine the scope and limits of State protection.
The normative regulation of procedures for federal recognition and the declaration of a state of emergency or public calamity11 are provided in Ordinance No. 260/2022 of the Ministry of Regional Development (MDR) (Brasil, 2022). According to Article 9, III of Ordinance No. 260/2022, the process begins with the completion of the Disaster Information Form (FIDE), an essential tool for systematizing data that supports governmental analysis.
The FIDE is divided into nine sections: i) Identification; ii) Classification of the event according to the Brazilian Disaster Classification and Coding System (COBRADE); iii) Date of occurrence; iv) Affected area and type of occupation; v) Causes and effects of the disaster; vi) Human, material, and environmental damages; vii) Economic losses; viii) Reporting institution; and ix) Notified institutions. This model allows not only the objective measurement of damages but also the creation of a standardized information base.
In particular, field (vi) of the FIDE, which addresses human damages, assumes central relevance, as it provides the technical and legal parameters to assess the severity of the situation and substantiate the declaration of emergency or calamity. This detail is presented in Table 2 and highlights how the categorization of damages constitutes an indispensable element for the critical analysis of State action in the face of disasters and, above all, to understand the extent to which such parameters are capable, or not, of adequately addressing the needs of persons in forced human mobility.
It can be observed that the classifications adopted by the FIDE do not include the category of displaced or relocating persons. In this context, official records are limited to the figures of “homeless” and “uprooted households”: the former refers to people whose homes have been destroyed or interdicted and who require temporary shelter provided by the public authorities; the latter, although equally having lost the habitability of their residences, do not necessarily require accommodation in temporary shelters.
This conceptual limitation has been the subject of criticism in the specialized literature. Pallone, Marchezini, and Zamur (2021) emphasize that the FIDE’s definition of “homeless” and “uprooted households” persons is strictly linked to immediate housing conditions, reducing the analysis of human displacement to a material consequence of the disaster. This prevents the identification of mobility situations resulting from disasters that do not directly cause the destruction or interdiction of housing. In practice, a significant portion of affected people is recorded under the generic category of “other affected,” revealing the system’s classificatory insufficiency and the structural deficiencies of official records.
Similarly, Cavedon-Capdeville et al. (2020) stress that the terminology employed by official agencies is fundamental to understanding mobility phenomena associated with disasters. The absence of the terms “displaced” or “in displacement” in
Brazilian disaster legislation and governance implies not only statistical invisibility but also difficulty in formulating targeted public policies. The broad human damage category present in the FIDE ends up encompassing, in an imprecise manner, different population groups in mobility, hindering proper measurement of impacts and the adoption of specific protection measures.
It is worth noting that there is no express normative provision granting a subjective right to protection as a disaster-displaced person. Furthermore, Law No. 13.445/2017 (Migration Law) (Brasil, 2017) and Law No. 9.474/1997 (Refugee Law) (Brasil, 1997) do not cover environmental or disaster induced displacement in their provisions.
Thus, although there is a robust legal framework regarding civil protection and defense (Law No. 12.608/2012; Decree No. 10.593/2020; Ordinance No. 260/2022), the system does not formally recognize the category of disaster-displaced persons, nor does it provide guarantees of specific rights for these populations. This reveals a significant normative gap, contributing to insufficient protection measures and the invisibility of people in human mobility resulting from adverse events.
Moreover, the strict linkage of aid to the declaration and ratification of states of emergency or calamity creates a formal obstacle that may delay or prevent access for families equally affected but located in areas not covered by such administrative acts. The requirement to prove immediate material damage to housing reinforces the exclusion of situations where displacement is caused by persistent environmental risks, structural unsanitary conditions, or interruption of essential services. This restrictive interpretation conflicts with Article 5, caput, of the Constitution, which guarantees equality before the law without distinction of any kind, as it creates inequality between groups affected by the same disaster solely due to the administrative formalization of the calamity.
Therefore, although both Provisional Measure No. 1.219/2024 and the state Decree No. 57.607/2024 represent advances in emergency response, both norms operate under a logic of immediate emergency focused on the material repair of concrete housing losses. The absence of specific legal provisions for internally displaced persons due to disasters creates a zone of legal exclusion, leaving unprotected individuals who were forced to leave their homes due to risks or the impossibility of remaining, even without total destruction of their properties.
In this context, governmental efforts have also focused on housing reconstruction and the restoration of basic services. The Joint Ordinance MGI/MF/CGU No. 32/2024 established exceptional measures to accelerate housing construction, streamlining administrative procedures, simplifying bidding processes, and concentrating financial and human resources on emergency housing provision (Brasil, 2024c).
In the same vein, Provisional Measure No. 1.284/2024 opened extraordinary credit for the restoration of essential public structures and services, reinforcing the emergency nature of the governmental response and enabling the accelerated mobilization of resources, as authorized by Article 167, § 3, of the Federal Constitution.
While the infra-constitutional legislation enacted in response to disasters seeks to provide social protection for people in vulnerable situations, its narrow focus on the physical loss of housing excludes the complexity of forced displacement scenarios. This highlights the need to rethink the legal framework to encompass compulsory displacements resulting not only from the destruction of property but also from the loss of minimum conditions of safety and dignity.
Conclusion
The analysis carried out shows that-although Brazil has important normative instruments, such as Law No. 12.608/2012, which establishes the National Policy for Civil Protection and Defense, and Decree No. 10.593/2020, which regulates its implementation, as well as recent emergency responses, such as Joint Ordinance MGI/MF/CGU No. 32/2024 and Provisional Measure No. 1.284/2024-these measures still prove insufficient to address the complexity of internal displacements caused by disasters. The experience of the 2024 floods in RS revealed the relevance of institutional mobilization but also exposed the limits of an approach primarily focused on immediate material reconstruction, restricted to the categories of “homeless” and “uprooted households.” This reductionist view does not encompass the multiple situations in which individuals and communities are forced to leave their homes due to indirect risks, environmental degradation, structural insecurity, or interruption of essential services.
This insufficiency stems not only from the absence of comprehensive public policies but, above all, from the conceptual limitation that characterizes the Brazilian legal framework in addressing internally displaced persons due to climatic and environmental reasons. By not expressly recognizing the specificity of this condition, the legislation contributes to the invisibility of affected populations and prevents the construction of more sophisticated institutional responses capable of articulating emergency measures with long-term strategies.
In this sense, the extreme events of 2024 in RS should not be understood merely as local tragedies but as revealing milestones of a structural challenge that tends to intensify with the acceleration of climate change. The recurrence and severity of these episodes impose on the Brazilian State the need to adopt a new normative and political paradigm, one that recognizes internal displacement caused by disasters as an autonomous legal phenomenon and a priority protection demand. Only with this advancement will it be possible to consolidate a normative system capable of ensuring the effectiveness of fundamental rights and promoting community resilience.
Data Availability
Research data is available in the body of the article
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______. Constituição da República Federativa do Brasil de 1988 Brasília: Senado Federal, 1988. Available at: Available at: https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm Accessed: 29.09. 2025.
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______. Eventos climáticos adversos de novembro e dezembro de 2023 Porto Alegre, 2023. Available at: Available at: https://www.rs.gov.br/eventos-climaticos-adversos-de-novembro-e-dezembro-de-2023-667f0f7f267bc Accessed: 29.09.2025.
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1
BRASIL. Senado Federal. Projeto de Lei n.º 2038, de 2024: institui a Política Nacional para Deslocados Internos. Brasília: Senado Federal, 2024. Available at: https://legis.senado.leg.br/sdleg-getter/documento?dm=9618823&ts=1730178424526&disposition=inline. Accessed: 29.09.2025.
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2
International Organization for Migration.
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3
The legal provisions presented hereafter correspond to the translation made from Portuguese into English by the authors of this article: I - reduce disaster risks; II - provide relief and assistance to populations affected by disasters; III - recover areas affected by disasters; IV - incorporate disaster risk reduction and civil protection and defense actions into territorial management and sectoral policy planning; V - promote the continuity of civil protection and defense actions; VI - encourage the development of resilient cities and sustainable urbanization processes; VII - promote the identification and assessment of threats, susceptibilities, and vulnerabilities to disasters in order to prevent or reduce their occurrence; VIII - monitor meteorological, hydrological, geological, biological, nuclear, chemical, and other potentially disaster-causing events; IX - produce early warnings regarding the possibility of natural disasters; X - encourage the regulation of urban and rural land occupation, considering its conservation and the protection of native vegetation, water resources, and human life; XI - combat occupation of environmentally vulnerable and high-risk areas and promote the relocation of populations residing in such areas; XII - encourage initiatives that result in housing allocation in safe locations; XIII - develop national awareness regarding disaster risks; XIV - guide communities to adopt appropriate prevention and response behaviors in disaster situations and promote self-protection; and XV - integrate information into a system capable of supporting SINPDEC bodies in forecasting and controlling the negative effects of adverse events on the population, property, services, and the environment (Brasil, 2012).
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4
Institute for Applied Economic Research (Instituto de Pesquisa Econômica Aplicada).
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5
Article 2 of Decree No. 10.593, of December 24, 2020, also presents other important concepts that guide disaster actions and the organization of SINPDEC. These concepts correspond to legal and operational categories that guide Brazilian civil defense. For example, the following can be mentioned: “Mitigation Actions”; “Preparedness Actions”; “Restoration Actions”; “Disaster”; “Contingency Plan”; “Civil Protection and Defense”; “State and Federal District Civil Protection and Defense System”; “Federal Civil Protection and Defense System”; “Municipal Civil Protection and Defense System”.
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6
In Portuguese “Desabrigados”.
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7
In Portuguese “Desalojados”.
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8
See Art. 5, I, e Art. 6.
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9
See Art. 2.
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10
See art. 6.
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11
The legal provisions presented hereafter correspond to the translation made from Portuguese into English by the authors of this article. Within this regulatory framework, Article 2, VIII and XIV (Brasil, 2020), distinguish “State of Public Calamity” and “State of Emergency” based on the degree to which the disaster compromises the response capacity of the affected federative entity. A State of Emergency is characterized by damage and losses that partially impair the administrative capacity of public authorities, whereas a State of Public Calamity presupposes substantial impairment or circumstances that demand exceptional administrative measures of greater intensity for response and recovery. The differentiation, therefore, lies not in the nature of the event itself, but in the scale of its impact and in the extent of institutional incapacity it generates, serving as a juridical threshold for the adoption of extraordinary measures within the national civil protection system.
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Section Editors
Roberto Marinuccihttps://orcid.org/0000-0002-2042-2628Barbara Marciano Marqueshttps://orcid.org/0000-0003-0835-2441
