O direito ao meio ambiente e a litigância climática no ordenamento jurídico brasileiro: a pauta verde no Supremo Tribunal Federal

Abstract

This study aims to analyze climate litigation as a legal strategy to face situations of unconstitutionality in environmental issues before the State, seeking to identify the judiciary's role in promoting environmental protection and establishing public policies aligned with mitigating climate change through the idea of structural process. To this end, we initially intend to analyze the guarantee of the environment as a fundamental right, addressing its legal evolution and relationship with the constitutional foundation of human dignity. Next, the aim is to carry out an analysis of climate litigation and its legal implications, through the concept of structural process, in order to explain the topic on an international and national level. Finally, we seek to reflect on the paradigm shift in environmental and climate protection, highlighting the role of the judiciary in promoting environmental protection as a constitutional duty, through paradigmatic cases that are being processed in the Federal Supreme Court. To achieve these objectives, this research has a qualitative methodology to approach the problem, with a technical bibliographical, documentary and case study procedure of the green agenda, more specifically of the Direct Action of Unconstitutionality nº 6148, of the Claim of Non-compliance with Fundamental Precept nº 651 and the Direct Action of Unconstitutionality by Omission No. 59. The use of results is theory, and the objective is descriptive. As a result, it is concluded that the growth in the number of environmental catastrophes was and continues to be a determining factor for the environmental issue to be increasingly discussed through various social sectors, such as, for example, the environmental justice movement, growth of environmental cases in Brazilian courts and the consequent popularization of climate litigation, which can be seen through the green agenda cases being processed at the Federal Supreme Court, which are extremely important for consolidating environmental understandings that will guide the country in the coming years.