Título: | LIMITS AND POTENTIALITIES OF CLIMATE LITIGATION IN BRAZIL AS A STRATEGY FOR THE PROMOTION OF CLIMATE JUSTICE | ||||||||||||
Autor: |
DANIELA MARQUES DE CARVALHO DE OLIVEIRA |
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Colaborador(es): |
DANIELLE DE ANDRADE MOREIRA - Orientador ROSANGELA LUNARDELLI CAVALLAZZI - Coorientador |
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Catalogação: | 25/JAN/2023 | Língua(s): | PORTUGUESE - BRAZIL |
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Tipo: | TEXT | Subtipo: | THESIS | ||||||||||
Notas: |
[pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio. [en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio. |
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Referência(s): |
[pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=61812&idi=1 [en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=61812&idi=2 |
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DOI: | https://doi.org/10.17771/PUCRio.acad.61812 | ||||||||||||
Resumo: | |||||||||||||
The risk society symbolizes the current civilizational moment, in which the
unwanted side effects of successful modernization (for those who benefit from it, it
should be noted) have become uncontrollable. More than that. We currently live in
a world in metamorphosis, in which the certainties of modern society are being
undermined in the face of significant global events (Beck, 2017), such as climate
change and the Covid-19 pandemic. In this way, it is not possible to predict, even
in the face of all the advance of technical-scientific knowledge, what will be the
impact of this overwhelming humanitarian crisis that affects everyone and
highlights the ephemerality of the human being in the face of the side effects of the
modern world. Although climate risks have a globalizing trend and an equalizing
effect, the distribution of such risks usually follows the logic of local vulnerability,
occurring in a socially unequal and unfair way. The articulation of risk society
theory with the environmental and climate justice movement makes it possible to
question the inequity in the distribution of environmental risks, especially climatic
ones, in addition to introduce important conceptual tools that problematize the
privatization of bonds and the socialization of burdens resulting from the
exploitation of polluting activities. Institutions, such as the State and the legal
system, which should regulate and control the production and the externality of
these risks, end up producing a kind of risk normalization, in order to legitimize
conflicts resulting from situations of socio-environmental injustice, a phenomenon
that Ulrich Beck (1995) calls organized irresponsibility. The insufficiency of
domestic responses to the production of global risks and the lack of coerciveness of
international law signal the relevant role that Courts around the world - despite the
limitations and contradictions inherent to the Judiciary itself as a state institution -
are being urged to act in climate governance, deciding actions that discuss
legislative and regulatory gaps, non-compliance with reduction targets and climate commitments, under the reinterpretation of fundamental rights in the treatment of
climate conflicts, in the light of the so-called climate constitutionalism. The
inductive method is used and the research methodology is based, in addition to the
analysis of applied legislation, on the national and international bibliographic
review and on the study of Brazilian end foreign judicial precedents of greater
repercussion involving climate matters. It is expected that the articulated analysis
of the risk society theory and the environmental justice movement allied to the
climate perspective will provide important theoretical support to confirme the
hypothesis raised in this thesis, namely: if (and how) climate litigation can represent
a important strategy to promote climate justice to contribute to the reduction of
socio-environmental inequalities resulting from the unjust and unequal production
and externalization of climate risks, through the application of existing tools in the
national legal system aimed at preventing and repairing climate impacts and damages.
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