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Litigating the Climate crisis: Applied Knowledge for Implementing Climate Policies in Brazil 

In 2021 and 2022, JUMA continued its studies on climate litigation in Brazil, producing applied knowledge for the implementation of climate policies in Brazil. This research has the financial support of the Instituto Clima e Sociedade (iCS).

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2023 (english): Brazilian Climate Litigation Bulletin

2023 (portuguese): Boletim da Litigância Climática no Brasil - 2023

2022 (portuguese): Brazilian Climate Litigation Bulletin - 2022

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This research seeks  to unlock law’s potential to face the climate crisis and its challenges to doing so. It also aims to aid in the discovery and creation of legal arguments for climate litigation in Brazil. The research line “Climate Justice in the Anthropocene and Climate Litigation,” which will be developed under this research project, will gather information and legal arguments from 3 categories: (i) the legal force of the Paris Agreement within the scope of Brazilian climate policy; (ii) civil liability for weather damage in Brazil; and (iii) creating and maintaining a database to monitor and provide qualified information on climate litigation in Brazil. As a result, issues related to climate justice permeates the three categories.
 
The debate on climate litigation in Brazil, particularly due to the implementation of the Paris Agreement and civil liability for climate damage, has the potential to boost lawsuit filings, or the use of alternative methods of conflict resolution, with great chances of success. As a result, it is expected that there will be a significant improvement in climate governance to the extent that (i) the public authorities will be required to adopt measures to promote the reduction of GHG emissions and resilience to the consequences of climate change, as well as (ii) the private sector will be compelled to adopt measures to prevent and, if necessary, repair climate damage. The result is that the public and private sectors will be more attentive to the unequal distribution of climate impact, which will contribute to the promotion of climate justice at the same time as the Judiciary becomes increasingly familiar with the topic and its peculiarities, potentialities, and urgency.

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Status: In progress.

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