Litigância climática nacional e o direito à estabilidade climática nas propostas de Emenda à Constituição n. 233/2019 e n. 37/2021

Abstract

The global climate scenario is represented by the presence of scattered and insufficient efforts that have the potential to trigger a true climate catastrophe, with an inevitable worsening of social vulnerability, especially in poorer populations. The ineffectiveness of the measures adopted requires the reconfiguration of environmental governance strategies, pointing to litigation as a tool in the defense of human rights, definition of responsibilities and projection of solutions, especially when government actions prove to be insufficient or omissive in the face of damage to the system climate. The relevance of the study arises from the growing warning about the possibility of irreversible environmental impacts if greenhouse gas emission rates continue to increase. The national focus is justified by Brazil's leading role as one of the largest emitters of these gases. Regarding the objectives, the research consists of presenting, from the perspective of climate litigation, an overview of the prediction and defense of the right to climate stability in Brazil. To this end, a history of Brazilian climate legislation is carried out, accompanied by an analysis of the characteristics of climate disputes and the Proposals for Amendment to Constitution no. 233/2019 and n. 37/2021 from the perspective of the constitutionalization of new climate-related rights and obligations. Methodologically, the research, with a qualitative approach, qualifies as exploratory in terms of objectives, providing an overview of climate law in Brazil from the perspective of climate litigation. Initially, a bibliographical research was used, followed by a documentary study on the amendment proposals. It was concluded that climate litigation proves to be an important instrument in combating climate change, as it uses judicial and extrajudicial instruments to enforce the obligations of companies and the Public Power. Furthermore, it was observed that the right to a stable climate is a logical consequence of the right to an ecologically balanced environment, especially because a stable climate is a minimum prerequisite for the realization of all other fundamental rights provided for in the legal system, such as human dignity itself.