Why does disasters naturalization continue? Some inquiries from a perspective of social vulnerability and Law.

Abstract

Based on the review carried out on judicial decisions related to damages associated with climate change in Argentina, the role of Law as a privileged instrument to reduce or increase social vulnerability in the face of disasters is reviewed. When inquiring about the Law exercised to resolve legal conflicts in the field of justice, ambiguous processes of identification of responsibilities are revealed. Its relationship with the construction of social vulnerabilities gives rise to a reflection on how this ambiguity amplifies risk, nurtures institutional uncertainty, generates and regenerates the population's unbelief in defending their rights and feeds back the naturalization of these disasters. In this field, then, denaturing is a broad and comprehensive exercise that would allow people to put in practice their rights with fewer uncertainties emerging from the ambivalence of litigation, instituting disambiguation processes so that decisions protect rights equally for all.

Keywords: Law. Social vulnerability. Disasters. Naturalization. Ambiguity.