Brazil’s German Embassy and iCS - Institute for Climate and Society held the panel "2021 Dialogues for a Sustainable Future - Climate Litigation and the Role of Constitutional Courts" yesterday, August 10th. During the event, we discussed ways in which federal courts and tribunals have performed and can still work towards fulfilling the mission of protecting the environment and complying with international agreements. The IPCC report released on Monday, August 9th, introduced findings that pose huge challenges towards fighting climate change, which require countries to take legal action.

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Caio Borges, iCS coordinator of the Law and Climate Portfolio, mediated the panel. The event featured Gabriele Britz, Justice at Germany’s Federal Constitutional Court; César Rodríguez Garavito, lawyer and professor at New York University; André de Carvalho Ramos, professor at University of São Paulo’s Law School. Marcelo Rocha, education, Blackness and climate change activist at Fridays For Future Brasil and FFF MAPA was the first speaker in the session.

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Justice Gabriele Britz shared concerns of the German court as regards current laws that allow emissions until 2030. Such legislation rules that, from 2030 on, emissions must be drastically reduced, which could limit people’s freedom. In the future, it is highly likely that technology will allow for reduction of gases in the atmosphere. However, one cannot rely on this probable outcome. "The path to CO2 reduction must be taken in a timely manner so that development and processes of implementation can unfold accordingly. We need pressure for development but also some planning security."

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César Rodrigues Garavito highlighted the understanding that environmental protection does not prevent economic growth and underpinned the role courts play in fighting climate change. "It is important to bear in mind that Climate litigation is no barrier to country development. Rather, Climate litigation means establishing a dialogue, taking action to stimulate commitment. When taking the Paris Agreement and the international community into account, we must be mindful of how governments and countries will actually comply with commitments previously established. Therefore, courts can act as connectors by encouraging juridical and legal action."

Professor André de Carvalho Ramos provided an overview of the fight against climate change in Brazil. According to Professor Ramos, since Jair Bolsonaro, Brazil’s incumbent president, took office, the environmental sector has seen investments dry up. "There are several examples of less action by the federal government as regards the environmental sector. Thus, the future of litigation on environmental law must also address the desire of most Brazilian Congress members to limit social and environmental spending. On the one hand, the Supreme Court should decide whether the lack of resources is a justification for not protecting the environment at the expense of the constitutional stress caused by the constitutionalization of state spending limit. On the other hand, the permanent existence of rights require states to fullfil positive obligations".