A emergência do direito climático no mundo: a litigância climática como instrumento para a efetivação do acordo de Paris

Abstract

Climate, for a long time, remained obscure in international discussions about environmental issues. Its prominence began to emerge only in 1992 with the Earth Summit and the celebration of the United Nations Framework Convention on Climate Change. However, despite this institutional gain and all the discussion that arises from it, it is clear that, over time, innumerable policies, treaties and inner laws created in the States were not enough to provide adequate protection to the climate system. This is due to a large normative production, which in practice is not effective. If, on the one hand, Legislative is absent from its normative role in being more severe in climate protection or Executive in administering the policies under its competence; on the other hand, emerges from Judiciary the response to the cry for help that individuals and NGOs, in particular, request to stop or mitigate the damage that catastrophic emissions of greenhouse gases cause in the planetary system. In this regard, this undergraduate thesis will think over: how did the judiciary become this new voice of society in matters of climate litigation? And what contribution is this power bringing to the discussions on climate matters? Background will be the emergence and consolidation of climate law and how norms in this new legal field of study can shed lights so that this theme is really taken seriously. Exploratory research, bibliographic survey and inductive reasoning, through case analysis, were the methodological resources used. The consideration that is reached is that climate law has a lot of potential to develop and that climate disputes, far from being perfect instruments, are important enforcement mechanisms in the dynamics of implementing climate regulations at the State level, with the judiciary consolidating as society's voice on climate.