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Brazilian Climate Litigation Bulletin - 2022

Year:

2022

Authors:

MOREIRA, Danielle de Andrade; LIMA. Letícia Maria R. T.; PINTO, Paula Máximo de Barros; GARRIDO, Carolina de Figueiredo; LOPES, Juliana Chermont P.; NEVES, Maria Eduarda Segovia B.; REGO, Luciana Tse Chaves Garcia; SYDENSTRICKER, Maria Eduarda Garambone; DA ROSA, João Victor Colaço Cavalheiro.

Description:

Brazilian Climate Litigation Bulletin - 2022 systematizes the main quantitative results and presents a first qualitative analysis of data from the Brazilian Climate Litigation Platform, referring to cases identified until August 2022.

Litigating the climate crisis in Brasil: legal arguments for the domestic implementation of the Paris Agreement

Year:

2022

Authors:

MOREIRA, Danielle de Andrade; LIMA. Letícia Maria R. T.; LOPES, Juliana Chermont P.; GARRIDO, Carolina de Figueiredo; NEVES, Maria Eduarda Segovia B.; PINTO, Paula Máximo de Barros

Description:

The paper aims to systematize arguments for demanding the domestic implementation of the Paris Agreement to support Brazilian climate litigation. It argues the supra-legal status of international environmental treaties, including the Paris Agreement, and analyzes the treaty's provisions and its points of dialogue with the Brazilian environmental legal framework. The study reviews some foreign reference cases on the subject, and shows how they can contribute to the treatment of the topic in Brazil.

Litigating the Climate Crisis: An Analysis of the Application of the Structuring Process to Brazilian Cases

Year:

2022

Authors:

LOPES, Juliana Chermont Pessoa

Description:

Article that won the X José Bonifácio de Andrada e Silva Award. Aims to bring an analysis of the application and effectiveness of the “structural process” in lawsuits related to climate litigation. The author presents the phenomena of climate litigation and “structural litigation” and analyzes past climate change cases to demonstrate how the application of the “structural process” could bring benefits to litigation that deals with the effects of climate change.

The emergency of a new right in the Anthropocene: the human right to a safe and stable climate

Year:

2021

Authors:

NEVES, Maria Eduarda Segovia Barbosa

Description:

Maria Eduarda’s undergraduate thesis defended before PUC-Rio Law School as a partial requirement for obtaining a Bachelor’s Degree in Law. It addresses the recognition of the human right to a safe and stable climate as a path to the protection against the adverse effects of anthropogenic climate change in the Anthropocene Epoch. Climate injustices are evident considering that those who have contributed the least to the climate crisis are the most vulnerable to its negative impacts. It shows that the obstacles to effective responses to climate change are related to its ethical complexity. Therefore, the thesis stresses that it is necessary to understand the climate issue from a human rights perspective. Stemming from the doctrine and the analysis of the political and legal context of different regions of the world, it concludes that recognizing the human right to a safe and stable climate is an emerging claim and must be considered as a strategy to achieve climate justice in the Anthropocene.

Women and Climate (In)Justice in the Anthropocene: An Intersectional Approach

Year:

2021

Authors:

LIMA, Letícia Maria Rêgo Teixeira

Description:

Book published by Editora Lumen Juris that addresses the Climate Justice movement, connecting it to the feminist theory of intersectionality. It presents a new way of looking at the climate crisis via this lens.

Climate changes and the law's responses: from the international to domestic spheres

Year:

2020

Authors:

GARRIDO, Carolina de Figueiredo

Description:

Undergraduate thesis that approaches the responses of law to deal with the climate crisis, mainly in the international and domestic spheres. It points out that the Global Climate Regime has brought achievements, but is not able to provide, alone, the necessary measures to avoid climate change and its adverse effects. It proposes a combination of domestic approaches to demand more action and ambition from governments and private actors, using climate litigation as an instrument to contribute, especially in its strategic form. It presents the advantages of climate litigation combining bases of national and international regulations to demand more ambition in climate action.

Marginalization and the Basic Sanitation Crisis in the Context of Covid-19

Year:

2020

Authors:

MANZOLILLO, Bruno Lúcio Moreira; LOPES, Juliana Chermont Pessoa

Description:

Paper presented at the 15th Congress of Undergraduate and Postgraduate Students in Environmental Law of the Instituto o Direito por um Planeta Verde (IDPV). It addresses the basic sanitation crisis which occurs with greater intensity in marginalized sectors of the urban environment, the same sector’s whose vulnerabilities were exposed in the context of the Covid-19 pandemic.

Climate Justice in the Anthropocene: the Strategic Role of Litigation

Year:

2019

Authors:

NEVES, Maria Eduarda Segovia Barbosa

Description:

Annual Scientific Initiation Research Report (PIBIC), prepared under the guidance of Professor Danielle de Andrade Moreira and presented at the XXVII Scientific and Technological Initiation Seminar at PUC-Rio. Climate change is analyzed from the perspective of the natural sciences and the social sciences in order to highlight the role that climate litigation can play in promoting climate justice by driving the internalization of climate burdens by those most responsible for anthropogenic climate change.

Climate Justice and Women: The Necessity of Incorporating an Intersectional Approach to Gender in the Context of the Climate Crisis

Year:

2021

Authors:

LIMA, Letícia Maria Rêgo Teixeira

Description:

Article that won the Vladimir Garcia Magalhães Award from APRODAB in 2020. It addresses the specific vulnerability of women through the intersectionality that unites the categories of gender and the climate crisis.

Summary of rationales for climate litigation in Brazil: legal arguments for the inclusion of the climate variable in environmental licensing

Year:

2022

Authors:

MOREIRA, Danielle de Andrade; LIMA, Letícia Maria Rêgo Teixeira; LOPES, Juliana Chermont Pessoa; MANZOLILLO, Bruno Lúcio Moreira; GARRIDO, Carolina de Figueiredo; NEVES, Maria Eduarda Segovia Barbosa.

Description:

The publication is the result of the research developed by JUMA/PUC-Rio, in 2020, on the inclusion of the climate variable in environmental licensing. The study provides theoretical, normative and jurisprudential basis for demanding the consideration of greenhouse gas (GHG) emissions from potentially polluting enterprises in environmental licensing.

Climate Litigation and Environmental Licensing: Considering the Climate Variable in Light of International Climate Treaties

Year:

2022

Authors:

MOREIRA, Danielle de Andrade; GARRIDO, Carolina de Figueiredo; NEVES, Maria Eduarda Segovia Barbosa

Description:

Article published in the special issue "International Law and Climate Litigation" of UniCEUB's Journal of International Law. The article analyzes comparative reference cases to assess the potential of using international climate treaties in domestic climate disputes, especially when it comes to the consideration of climate change impacts in environmental licensing

The Relationship Between the Climate Crisis and Pandemics: Discussions About Justice

Year:

2022

Authors:

NEVES, Maria Eduarda Segovia Barbosa; and REGO, Luciana Tse Chaves Garcia.

Description:

Article published in the E-book Theses by Professionals and Graduate Students based on the proceedings of the 26th Brazilian Conference on Environmental Law of the Institute “The Law for a Green Planet.” The article relates the relationship between the climate crisis and the emergence of zoonoses with the potential to cause future epidemics and pandemics, focusing specifically on the case of COVID-19. In addition, it critically analyzes the difficulties this reality presents from the perspective of climate justice, considering social vulnerabilities and populations unequally affected by both the climate crisis and the COVID-19 pandemic.

Climate Litigation in Brazil: Legal Arguments for the Inclusion of the Climate Variable in Environmental Licensing

Year:

2021

Authors:

MOREIRA, Danielle de Andrade; HERSCHMANN, Stela Luz Andreatta; LIMA, Letícia Maria Rêgo Teixeira; MANZOLILLO, Bruno Lúcio Moreira; CARCAMO, Anna Maria Bezerra de Mello; LOPES, Juliana Chermont Pessoa; GARRIDO, Carolina de Figueiredo; NEVES, Maria Eduarda Segovia Barbosa; SYDENSTRICKER, Maria Eduarda Garambone

Description:

E-Book published by Editora PUC-Rio that demonstrates that there are already enough legal tools to demand the inclusion of the climate variable in environmental licensing in Brazil, and that climate litigation can be used to compel this inclusion.

The awakening of climate litigation in Brazil: Strategies Based on the Existing Legal Toolkit

Year:

2021

Authors:

MOREIRA, Danielle de Andrade; HERSCHMANN, Stela Luz Andreatta

Description:

Paper that aims to explore part of the existing legal toolkit – of legislation, case law, and doctrine – that is already consolidated in the Environmental Law field and should be explored for litigating the climate crisis in Brazil. The article makes the case that Brazil is a fertile ground for climate litigation by utilizing already established and successfully tested legal avenues for preventing, mitigating, and compensating adverse environmental impacts caused by the private sector or by the State, and that can be brought before national courts as strong legal arguments.

Climate Litigation: A Look at the Global South

Year:

2020

Authors:

GARRIDO, Carolina de Figueiredo

Description:

Annual Scientific Initiation Research Report (PIBIC), prepared under the guidance of Professor Danielle de Andrade Moreira, and presented at the XXVIII Seminar on Scientific and Technological Initiation at PUC-Rio. It critically analyzes the international literature on climate litigation to bring a more inclusive perspective by focusing specifically on the litigation proposed in the Global South. It highlights the most meaningful peculiarities and trends of these cases, as well as elucidates the reasons behind these choices. It pays particular attention to the unique context of the Global South and the additional difficulties faced by this most vulnerable segment of the world.

Climate Litigation: a Response to Climate Change and Injustice in the Brazilian Context

Year:

2020

Authors:

GARRIDO, Carolina de Figueiredo; SYDENSTRICKER, Maria Eduarda Garambone

Description:

Paper presented at the 15th Congress of Undergraduate and Postgraduate Students in Environmental Law of the Instituto o Direito por um Planeta Verde (IDPV). It utilizes the case of Brazilian environmental law to discuss the potential of using climate litigation to promote climate justice.

Law in the Anthropocene: the Era of Climate (In)Justice

Year:

2019

Authors:

CRUZ, Gabriel Rezende; and NEVES, Maria Eduarda Segovia Barbosa

Description:

Paper presented at the 14th Congress of Undergraduate and Graduate Students in Environmental Law of the Instituto o Direito por um Planeta Verde (IDPV) and winner of the Juliana Santilli Award for Best Undergraduate Thesis 2019. It outlines man-made climate changes and contextualizes them in the current geological epoch of the Anthropocene and the climate justice movement. In this context, certain communities are especially vulnerable, and the article argues for a reinterpretation of the Law in order to face the unequal distribution of burdens and benefits caused by climate risks.

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