By Frederico Mendes Vianna F. Cardoso
In the realm of global environmental action, the legal battle against climate change, initiated in the 1990s primarily in the USA, has undergone a significant transformation. Among those, in the past decade it has been seen a noteworthy expansion towards the Global South, with Brazil emerging as a pivotal player.
Post-2018, Brazil experienced an exponential surge in climate-related legal actions, with the number of Brazilian cases multiplying in almost nine times from 2017. This dramatic increase demonstrates Brazil’s dynamic and evolving approach to environmental litigation following a global tendency to use the judiciary to fight climate change. In this sense, some initiatives as JusClima2030 and JUMA aims to monitor and study the development of climate change claims in Brazil.
In November 2023, JUMA published the 2nd edition of the Climate Litigation Bulletin, a com-prehensive report that highlights Brazil’s growing engagement in climate litigation. The report under-lines the critical role of judicial actions in addressing these challenges and indicates claims in which the climate change is a relevant topic of discussion.
The report also emphasizes the goals of such claims such as mitigation, adaptation, civil liability, and climate risk assessment. According to the bulletin, mitigation is the most demanded measure, aiming to reduce greenhouse gas emissions and implement climate policies. Notably, the bulletin underscores the growth in cases of civil liability for climate damages, indicating a trend towards a more responsive and proactive environmental jurisprudence in Brazil.
Another key aspect presented in the report is the diversity of plaintiffs ranging from public entities and civil society to private individuals, as well as the diversity of the defendants, including state agents, companies, federal entities, and legislative bodies.
The report also sheds light on the evolution of Brazil’s legal approach to climate change, indicating a balance between systemic and specific cases. This trend reflects a growing interest in legally challenging both specific projects with high greenhouse gas emissions and strategic issues for specific economic sectors.
The Climate Litigation Bulletin is a testament to Brazil’s evolving environmental jurisprudence. Offering valuable insights for global legal practitioners, policymakers, and environmentalists, Brazil’s experience in climate litigation stands as an essential guide for effective legal responses to environmental crises.
For a comprehensive understanding of individual cases and their impacts, the report is a valuable online resource for those interested in the intersection of law and environmental advocacy, providing detailed information on each case.