CLIMATIZING EVERYTHING: FROM ENVIRONMENTALISM TO THE LEGAL WORLD, OLD AND NEW POWER STRATEGIES IN SOCIO-ENVIRONMENTAL CONFLICTS
DOI:
https://doi.org/10.1590/SciELOPreprints.9863Keywords:
climate litigation, environmental litigation, environmental conflicts, legal mobilization, judicializationAbstract
This paper seeks to understand the transformations of environmentalism in Brazil, focusing on the inclusion of the issue of climate change in this agenda and the role of the legal field in the construction of climate frameworks. The research, of a qualitative nature, used interviews with 59 environmentalists and jurists, in addition to the analysis of 99 legal proceedings, extracted from two databases on climate litigation: the JUMA database of PUC-RJ and the JusClima2030 of the National Council of Justice. The use of a multi-method approach allowed a more comprehensive understanding of the strategies and legal frameworks developed. The results point to the emergence of a new dynamic of legal action, where civil society and political parties gain prominence, competing with traditional actors, such as the Public Prosecutor's Office and IBAMA. The research also reveals that deforestation and land use change are the main themes of climate litigation in Brazil, reflecting the country's emissions profile. Furthermore, it was observed that the participation of companies in climate litigation is increasingly frequent, especially in sectors such as oil, natural gas and mining. The findings suggest that the expansion of climate litigation is directly linked to the political context and the financing of these litigation.
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Copyright (c) 2024 Cristiana Losekann, Ana Carolina de Sousa Castro

This work is licensed under a Creative Commons Attribution 4.0 International License.
Funding data
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Conselho Nacional de Desenvolvimento Científico e Tecnológico
Grant numbers 311717/2022-5 -
Conselho Nacional de Desenvolvimento Científico e Tecnológico
Grant numbers 409424/2023-4 -
Fundação de Amparo à Pesquisa e Inovação do Espírito Santo
Grant numbers Profix 2022 -
Fundação de Amparo à Pesquisa e Inovação do Espírito Santo
Grant numbers Universal 2023
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The research data is available on demand, condition justified in the manuscript
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