Climate Change Law and Brazil: Climate Litigation As the Ultimate Ratio?

Abstract

The challenges posed by global warming require commitment and effective action from all countries. The hopes placed on the Paris Agreement have not yet materialized and, in many situations, due to the State's inaction or omission. As a result, this situation has led to demands by nationals against their own countries demanding a more effective stance in protecting their nationals from the consequences of global warming. This research has as its theme climate litigation as a citizen alternative and ultimate ratio in the fight against such a challenge. As a general objective, this research intends to analyze the foundations that underlie the judicial processes involving the issue of climate change in different countries and, from this analysis, to evaluate the situation of Brazil in this context, that is, this research also aims to analyze the possibilities and grounds of litigation in Brazil considering the theme of climate change. Regarding the methodology employed, the inductive research method was adopted, which starts from the analysis of specific cases in order to reach a conclusion of the theme. The article concludes that global governance of the environment for climate change, while making progress in implementing the Paris Agreement in 2015, has failed to make progress in reducing global greenhouse gas emissions. Due to the inaction and / or omission of some countries in fulfilling their commitments in Paris, climate litigation has emerged as an alternative to reverse this situation. The main grounds for climate change demands are commitments under the Paris Agreement, but they also involve constitutionally guaranteed human rights issues. Based on the examples brought to the discussion and the foundations that supported these demands, it can be concluded that governmental behavior, for example, the growth in deforestation and burning in the Amazon is sufficient for the exercise of climate litigation in Brazil.