Climate litigation to protect the Brazilian Amazon: Establishing a constitutional right to a stable climate

Abstract

In recent years, climate cases to combat illegal deforestation in the Amazon have begun to be brought before Brazilian courts. We focus on a lawsuit filed by the Institute of Amazonian Studies against the Brazilian state. The lawsuit seeks not only an order to compel the federal government to comply with national climate law but also the recognition of a fundamental right to a stable climate, for present and future generations, under the Brazilian Constitution. We argue that this case both exists in the context of a transnational movement, as it draws from existing rights-based cases, whilst also trying to develop this movement. This lawsuit seeks to establish that a stable climate system is critical to the protection of other fundamental rights. We consider what it means to seek a constitutional right to a stable climate through courts within the wider context in which national governance systems are constitutionalizing climate change commitments.