Rights-Based Climate Litigation in Brazil
An Assessment of Constitutional Cases Before the Brazilian Supreme Court
Bibliographic Data
| ID | 12930285 |
|---|---|
| Authors | Danielle de Andrade Moreira (0000-0001-8860-7963, corresponding author), Ana Lucia B Nina, Carolina De Figueiredo Garrido, Maria Eduarda Segovia Barbosa Neves, Maria Elisabete Neves (0000-0002-6250-1113) |
| Year | 2023 |
| Volume | 16 |
| Issue | 1 |
| Pages | 47-70 |
| Publication date | 2023-08-04 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Human Rights Practice (JOURNAL) |
| Journal identifiers | ISSN: 1757-9619 • E-ISSN: 1757-9627 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jhuman/huad023 |
| OpenAlex | W4385575433 |
| Language | EN |
| Citations received | 8 |
| References cited | 19 |
This article presents a systematic analysis of climate litigation in the Brazilian Supreme Court. It argues that climate litigation in Brazil is centred on the protection of human rights and the court is ready (and eager) to draw a closer connection between climate and human rights. The climate litigation movement in Brazil follows in the wake of more than 40 years of a rich environmental legal framework and jurisprudence. This long trajectory includes adopting a chapter in the 1988 Brazilian Constitution dedicated to the right to an ecologically balanced environment. The Constitution determines this is a fundamental human right, encompassing the present and future generations. Building on this context, recent climate litigation cases question how climate stability fits within this constitutional framework. As the country’s constitutional tribunal, the Supreme Court recently received important climate cases addressing Brazil’s climate policy implementation. This article proceeds in three parts. First, the article contextualizes the climate litigation movement in Brazil’s broader environmental legal framework. Second, the article describes the Supreme Court climate docket of concentrated control cases. It focuses on the human right to an ecologically balanced environment and its connections with other constitutionally protected human rights. Third, the article examines the cases’ judicial reasoning, considering how the Supreme Court addressed climate change in the decisions (interlocutory or on the merits) available thus far. The ultimate goal of this article is to deepen the understanding of how the Supreme Court approaches climate as a human right through the methodical examination of the court’s pronouncements
Constitution · Constitutional court · Human rights · Jurisprudence · Political science · Sociology · Supreme court · Environmental Justice and Health Disparities · Environmental law and policy · Human Rights and Development · Law
Climate Constitutionalism as a Foundation for Climate Litigation in Latin America
The ‘Fair Share’ of Climate Mitigation
Chapter 5. Strategic nature-related litigation in Brazil
The Political Ecology of Climate Remedies in Latin America and the Caribbean
What Might Future Rights-Based Climate Litigation Look Like in Indonesia? A Preliminary Analysis
Exploring Institutional Barriers to Effective Human Rights-Based Climate Litigation in Latin American Courts—Lessons from Chile and Ecuador
The Escazú Agreement Contribution to Environmental Justice in Latin America
Developments, Opportunities, and Complexities in Global South Climate Litigation
Brazil’s new president and ‘ruralists’ threaten Amazonia’s environment, traditional peoples and the global climate
Advancing Strategic Climate Litigation in Brazil
The 2017 Inter-American Court's Advisory Opinion
Climate litigation in Latin America
The Political Ecology of Climate Remedies in Latin America and the Caribbean
The Escazú Agreement Contribution to Environmental Justice in Latin America
An Ecocentric Perspective on Climate Litigation
The ‘Fair Share’ of Climate Mitigation
Climate Constitutionalism as a Foundation for Climate Litigation in Latin America
The awakening of climate litigation in Brazil
Environmental Policy in the Bolsonaro Government
Transnational Climate Litigation
Countermajoritarian, Representative, and Enlightened
| Unique citing works | 8 |
|---|---|
| Citations per year | 2,67 |
| Citation span | 2023 - 2026 (4) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 8 |