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The awakening of climate litigation in Brazil: strategies based on the existing legal toolkit.

Authors :
de Andrade Moreira, Danielle
Andreatta Herschmann, Stela Luz
Source :
Direito, Estado e Sociedade. jul-dez2021, Issue 59, p172-186. 15p.
Publication Year :
2021

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]

Details

Language :
English
ISSN :
15166104
Issue :
59
Database :
Academic Search Index
Journal :
Direito, Estado e Sociedade
Publication Type :
Academic Journal
Accession number :
170377649
Full Text :
https://doi.org/10.17808/des.59.1821