1. The awakening of climate litigation in Brazil: strategies based on the existing legal toolkit.
- Author
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de Andrade Moreira, Danielle and Andreatta Herschmann, Stela Luz
- Subjects
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CLIMATE change , *LEGAL reasoning , *ACTIONS & defenses (Law) , *ENVIRONMENTAL law , *CIVIL liability , *CLIMATE change skepticism - Abstract
This paper 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 articulating 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. Like a frame of glasses, the legal framework that underpins environmental licensing and civil environmental liability in Brazil needs to receive the "lenses" of climate change in order to be transformed into an effective climate litigation tool. [ABSTRACT FROM AUTHOR]
- Published
- 2021
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