JOURNAL ARTICLE

Rights-Based Climate Litigation in Brazil: An Assessment of Constitutional Cases Before the Brazilian Supreme Court.

  • Published In: Journal of Human Rights Practice, 2024, v. 16, n. 1. P. 47 1 of 3

  • Database: Sociology Source Ultimate 2 of 3

  • Authored By: Moreira, Danielle de Andrade; Nina, Ana Lucia B; Garrido, Carolina de Figueiredo; Neves, Maria Eduarda Segovia Barbosa 3 of 3

Abstract

This article systematically analyzes climate litigation before the Brazilian Supreme Court (Supremo Tribunal Federal—STF), focusing on how the court integrates climate issues within the constitutional framework protecting the fundamental human right to an ecologically balanced environment (Article 225 of the 1988 Brazilian Constitution). It highlights that climate litigation in Brazil is deeply rooted in a robust environmental legal tradition and increasingly centers on human rights, linking environmental protection to rights such as life, health, and the rights of indigenous peoples and future generations. The STF has recognized the supra-legal status of international environmental treaties, affirmed the state's duty to act against environmental degradation, and employed scientific data and comparative jurisprudence in its decisions. Despite challenges including governmental rollbacks of environmental policies, the court has demonstrated a willingness to hold the executive accountable and to use constitutional mechanisms to advance climate protection as a human rights imperative.

Additional Information

  • Source:Journal of Human Rights Practice. 2024/02, Vol. 16, Issue 1, p47
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:1757-9619
  • DOI:10.1093/jhuman/huad023
  • Accession Number:177516926
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