| dc.description.abstract | Brazilian climate litigation is still a recent movement, but with an increase in
repercussion, especially after 2020, when there was a considerable growth in the
number of this type of process brought to the judiciary. Considering the challenge of
this phenomenon in the national context, the main goal is to analyze the profile of these
new national climate litigations be, the repercussions and the challenges that these
actions represent for Brazil? The hypothesis is that climate litigation will be a positive
strategy for more effective Brazilian climate governance and will have a pedagogical
character by simulating debate among the various national actors, manly from civil
society, consisting of a strategic litigations movement. Furthermore, considering
Brazilian law, it is believed that there will be some sensitive issues such as procedure
law and complex scientific matters, with repercussions on the Separation of Powers,
Civil Liability, tort law, among others. This work has the scope to analyze how this
phenomenon is occurring in the Brazilian judiciary, specifically after the year 2019 in
which the first climate actions themselves were filed. For this, the deductive method
was used, starting from the study of the general theory of climate change and climate
litigation to, finally, carry out the analysis of Brazilian climate cases brought to the
judiciary after the year 2019. In addition, documentary and exploratory analysis was
carried out in two important sites that catalog the climatic disputes of the Brazilian
jurisdiction. For the analysis of climate disputes in Brazil, an empirical research
procedure will be used through the case study. In short, national climate litigation has
proved to be a space for discussion between different interested actors and with some
advances such as the recognition of climate as an autonomous legal asset that needs
jurisdictional protection. In addition, it was observed the formation of a Climate Change
Law with doctrinal material and it is expected that the consolidation of specialized
jurisprudence. | en |
