Overview

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.

Full Product Details

Author:   Maria Antonia Tigre ,  Armando Rocha ,  Délton Winter de Carvalho
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   21
Dimensions:   Width: 15.50cm , Height: 3.50cm , Length: 23.50cm
Weight:   0.880kg
ISBN:  

9789004690813

ISBN 10:   9004690816
Pages:   456
Publication Date:   12 June 2025
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of 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

Reviews

In terms of climate litigation, Brazil is not only the leading country in the Global South, but one of the leading countries in the world. The path-breaking interpretation of the Paris Agreement as a human rights treaty by the Brazilian Federal Supreme Court has the potential to reshape litigation globally. Today, climate litigation in Brazil is burgeoning and spawning new legal theories and legal strategies. Yet developments in Brazil remain virtually unknown to most European and American scholars. This book will be an invaluable resource, not only for those scholars, but for lawyers and judges in Brazil, the rest of Latin America, and elsewhere. Dan Farber, Sho Sato Professor of Law & Faculty Director, Center for Law, Energy & the Environment, University of California, Berkeley Climate Change Litigation in Brazil offers a comprehensive examination of the growing field of climate litigation within Brazil, positioning the country as a critical player in the global climate governance landscape. Written by a dream team of Brazilian practitioners and scholars, the book delves into the significant role of Brazil in tackling climate change due to its unique status as both a major greenhouse gas emitter and a custodian of vital ecosystems, like the Amazon rainforest. The book explores Brazil's judicial system's increasing engagement with climate-related cases, focusing on human rights, biodiversity protection, and just transition. By analyzing groundbreaking rulings from Brazilian courts and drawing connections to global trends, this book highlights how legal strategies and court activism in Brazil are shaping national and international climate action efforts. It's an essential resource for anyone interested in understanding how legal systems in the Global South, particularly Brazil, are responding to the urgent challenge of climate change. Joana Setzer, Associate Professorial Research Fellow, Grantham Research Institute on Climate Change and the Environment, London School of Economics and Political Science (LSE) Brazil is the most biodiverse country in the world. We have an environmentalist Constitution that is mindful of future generations. Nevertheless, we experienced a period of anti-environmental state management from 2019 to 2022, accompanied by an increase in climate litigation. This book on climate litigation in Brazil delves into the Brazilian experience, exploring the potential benefits of judicial action while critically examining the separation of powers and the rights of the most vulnerable people affected by extreme climate events. It offers an excellent opportunity to understand climate litigation in the Global South, with its unique characteristics, and to ensure that the Paris Agreement is strategically implemented through court action. Mariana Cirne, Full Professor of the Stricto Sensu Postgraduate Program in Constitutional Law at the Instituto Brasileiro de Ensino, Desenvolvimento e Pesquisa (IDP) and Chief Prosecutor of the Brazilian National Attorney's Office for Climate and Environmental Defense

Author Information

Maria Antonia Tigre is the Director of Global Climate Litigation at the Sabin Center for Climate Change Law at Columbia Law School (United States). Armando Rocha is a Professor of International Law, Law of the Sea, and Climate Change Law at Universidade Católica Portuguesa and researcher at the Católica Research Centre for the Future of the Law (Portugal). Délton Winter de Carvalho is the Director of the Environmental Law Program at UNISINOS (Brazil).

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