The Workshop “Climate Litigation in Brazil: Challenges and Opportunities” was held at FGV on February 2nd and was attended by participants from civil society, legal practice, academia and the Attorney General’s Office (AGU).
The day was dedicated to discussing challenges, gaps and opportunities in climate litigation in Brazil.
Among the most relevant points discussed on the day, we highlight the need to include climate considerations in all environmental processes.
Climate litigation has gained great momentum in Brazil, built through decades of environmental litigation and the existence of constitutional rights to a healthy and balanced environment. It is centered on the protection of human rights, especially the right to a healthy environment.
It is a useful way to explore gaps and opportunities related to the development and implementation of public policies, while reflecting the global trend of considering climate, biodiversity and human rights as a whole.
It has a pedagogical effect to reduce non-compliance with laws and deforestation and is necessary for the effective implementation of the Forest Code.
The Courts, but especially the Supreme Federal Court, are ready and willing to challenge the abuses and inactions of the executive branch, relying on international regulations and comparative law, affirming their main role as definitive interpreter and enforcer of the Constitution.
Author: Natalie Rosen
