Climate litigation and their foundations

ineffectiveness state and the intervention of the Judiciary

Abstract

Subject of great repercussion at the moment, however, with its origins in the beginnings of the Industrial Revolution, the climatic changes, resulting from the anthropic action on the environment, cause, more and more, dangerous ruptures in the nature and affect the lives of billions of people around the world. In this scenario, the law presents itself as a tool capable of containing adverse behaviors to the detriment of the environment and that negatively reflect on the climate. However, in view of the inaction of the Legislative and Executive Powers, in the conception and execution of this legal apparatus, consequently, climate disputes arise; a movement that transfers to the Judiciary the role of protagonist in defense of the fundamental right to a stable climate. With the present work, the objective is to demonstrate the current scenario experienced by populations from different parts of the world, weakened by climate events and the need for the Judge State to intervene in such situations, in order to stimulate environmental and climate governance. Based on a qualitative approach, endowed with a dense bibliographic survey, examples are explored and described that make it possible to understand the theme and its relationship with several legal diplomas, overcoming the hypothesis that the law is the adequate means to avoid legal setbacks, specifically in the environmental area, regardless of the constitutional responsibilities assigned to each of the Powers.