Climate litigation to protect the Brazilian Amazon: establishing a constitutional right to a stable climate

Setzer, Joana ORCID: 0000-0002-7705-7684 and Carvalho, Delton (2021) Climate litigation to protect the Brazilian Amazon: establishing a constitutional right to a stable climate. Review of European, Comparative & International Environmental Law, 30 (2). 197 - 206. ISSN 2050-0386

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Abstract

In recent years, climate cases to combat illegal deforestation in the Amazon have begun to be brought before Brazilian courts. We focus on a lawsuit filed by the Institute of Amazonian Studies against the Brazilian state. The lawsuit seeks not only an order to compel the federal government to comply with national climate law but also the recognition of a fundamental right to a stable climate, for present and future generations, under the Brazilian Constitution. We argue that this case both exists in the context of a transnational movement, as it draws from existing rights-based cases, whilst also trying to develop this movement. This lawsuit seeks to establish that a stable climate system is critical to the protection of other fundamental rights. We consider what it means to seek a constitutional right to a stable climate through courts within the wider context in which national governance systems are constitutionalizing climate change commitments.

Item Type:	Article
Official URL:	https://onlinelibrary.wiley.com/journal/20500394
Additional Information:	© 2021 The Authors
Divisions:	Grantham Research Institute
Subjects:	G Geography. Anthropology. Recreation > GE Environmental Sciences K Law > K Law (General) J Political Science > JL Political institutions (America except United States)
Date Deposited:	05 Jul 2021 15:15
Last Modified:	16 Nov 2024 04:33
URI:	http://eprints.lse.ac.uk/id/eprint/110985

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