ESTUDO DOS LITÍGIOS CLIMÁTICOS PROPOSTOS POR MEIO DE AÇÕES DE CONTROLE CONCENTRADO DE CONSTITUCIONALIDADE EM 2020

Abstract

In the context of the increasing climate litigation in Brazil, this study delves into the judicial review actions initiated in 2020 that address climate-related issues, with the aim of discerning their impact on the development of a supportive national climate jurisprudence. The research encompasses an examination of the international legal landscape pertaining to climate change, an elucidation of Brazilian climate legislation, and the identification of distinctive features characterizing climate litigation in Brazil, focusing on climate litigation judicial review actions, initiated in the year 2020. An individualized analysis is conducted to discern the manner in which the litigants have expressed their concerns, and to ascertain whether the STF verdicts suggest the establishment of favorable climate precedents. Consequently, strategic basic research is carried out with a descriptive objective and a qualitative approach, employing the hypothetical-deductive method and bibliographic and documentary procedures. It is observed that international commitments for climate adaptation and mitigation, as well as national legislation, have been mentioned in the litigations studied. In Brazil, the most prevalent mechanism for addressing climate-related matters is the public civil action, with organized civil society and the federative entity emerging as the most common plaintiffs and defendants, respectively. The judicial review actions, introduced in 2020, comprises arguments centering on violations of fundamental principles, notably including ADPFs 708, 746, 749, 755, 760, and the ADO 59. In conclusion, these actions present shared arguments, both from the litigants and the STF, and the verdicts issued suggest the establishment of climate-friendily precedents.