Climate Litigation in the Brazilian Superior Courts

Abstract

Brazil has a specific Act on climate change. However, it needs to be enforced and interpreted in accordance with the constitutional principle of sustainable development so as to be effective. The principle of sustainable development is provided for by Act 12.187/2009, which established the National Policy for Climate Change -NPCC. The Act - although imperfect and lacking in some respects - is a breakthrough and a milestone in the fight against climate change and global warming. It has clearly incorporated concepts of international instruments that protect the environment. The Act 12.187 is implemented by Executive Order 7.390/2010, which, among other important points, states that greenhouse gas emissions should be reduced from 36.1% to 38.9% by the year 2020. However, before the United Nations Conference on the Post-2015 Development Agenda, held in New York in September 2015, Brazil promised that the reduction would be of 37% by 2025 and 43% by 2030, exceeding the goals established in the Executive Order. The big question is whether Brazil will have the structure, technical capacity and political will to seriously achieve these goals. The shortage of structure to monitor sources that emit greenhouse gases; the increasing deforestation of the Amazon rainforest; transport dependent on fossil fuels (; the lack of environmental education in schools; and corruption are all serious obstacles to be fought against so that this goal can be achieved. Brazil plays a major role in the global fight against climate change, especially because of its vast forests. However, the amount of deforestation now occurring is in great dispute. Between August 2014 and July 2015, for example, deforestation in the Amazon rainforest increased by 215% according to Imazon Research Institute.73 Contrarily, according to Brazil Government, the increase was only 16%.74 This paper discusses the role that legislation and litigation are playing, and the roles they may and should play in the future, in combatting deforestation and other factors relevant to climate change in Brazil.