Full Description
The stakes of climate change in Brazil extend far beyond its borders, influencing global biodiversity, the Amazon rainforest, and planetary climate stability. With the fourth-highest number of climate cases worldwide and a leadership role in the Global South, Brazil stands at the forefront of the global climate justice movement. This edited volume delves into nearly 90 groundbreaking cases, uncovering innovative legal strategies and their profound implications for international climate policies. Highlighting Brazil's unique ecological importance, particularly the Amazon's role in sustaining global balance, the book features contributions from leading scholars and litigators. This indispensable resource offers critical insights and inspires creative legal pathways to tackle the world's most pressing climate challenges.
Contents
Foreword
Acknowledgments
List of Figures
List of Tables
List of Abbreviations
List of Contributors
1 Climate Change Litigation in Brazil: an Introduction
Maria Antonia Tigre, Armando Rocha and Délton Winter de Carvalho
Section 1: Challenges in Climate Litigation in Brazil
2 A Panorama of Climate Litigation in Brazil
Danielle de Andrade Moreira
3 The Separation of Powers Principle and the Role of Different Bodies in Climate Action
Enéas Xavier de Oliveira Junior and Letícia Simo Veras
4 The Role of Science in Climate Litigation
Juliana de Augustinis
Section 2
Climate Litigation and Human Rights
5 Recognizing the Paris Agreement as a Human Rights Treaty: the Climate Fund Case and Brazilian Courts
Carolina de Figueiredo Garrido
6 The Obligation to Protect the Stability of the Climate System under the Right to a Healthy Environment in Brazil
Délton Winter de Carvalho and Armando Rocha
7 Brazil and Advisory Opinions before International Courts and Tribunals: Participation and Impact of Advisory Opinions in Domestic Courts
Paula Wojcikiewicz Almeida
8 Access to Justice and Climate Litigation in Brazil
Luciana Gross Cunha and Maria Cecília de Araujo Asperti
Section 3: Climate Litigation and Vulnerabilities
9 Vulnerabilities in Climate Litigation: the Role of Gender, Race, and Poverty
Mariana Belmont and Nauê Bernardo Pinheiro de Azevedo
10 Decolonizing Climate Litigation: an Analysis of Indigenous Climate Litigation in Brazil
Gabriel Mantelli, Maurício Terena, Isabela Bicalho and Marie-Louise Siemons
11 Future Generations and Climate Litigation in Brazil
Luciana Bauer
Section 4: Climate Litigation and Biodiversity
12 The Protection of the Marine Environment Through Litigation in the Context of the Climate Crisis in Brazil
Julia Cirne Lima Weston
13 The Protection of the Amazon Forest as a Central Aspect of Climate Mitigation
Maria Antonia Tigre and Anna Maria Cárcamo
14 The Rights of Nature: Another Legal Avenue for Climate Litigation in Brazil?
Fernanda Cavedon-Capdeville, José Rubens Morato Leite, Humberto Filpi and Tônia Dutra
Section 5: Beyond the State: Climate Litigation and the Energy Transition
15 The Role of Financial Institutions in Climate Litigation in Brazil
Alessandra Lehmen
16 The State's Duty to Pursue the Highest Possible Ambition
Guilherme J.S. Leal
17 Climate Damage and Tort Law in Brazilian Climate Litigation
Rafaela Martins da Rosa
18 Just Transition Litigation in Brazil
Luiz Ormay Jr
Appendix 1: Table of Cases
Index
