Climate Litigation as a governance strategy: an alternative to state omission in the face of climate change

Abstract

This article seeks to analyze the importance of climate litigation as a governance strategy. This litigation can be an effective instrument in addressing state omissions in view of the need to implement climate policies as it seriously affects human rights and causes a series of violations of these rights, especially because of their potential to harm the rights of vulnerable populations. This article was structured in search of an answer to the following problem: Can climate litigation be considered an effective alternative in the face of state failure to adopt a more effective climate policy? This article has as a general objective to demonstrate the advantages of implementing climate litigation pointing out the deficiencies of the national climate policy. In methodological terms, it consists of a deductive article, with bibliographic research of the main doctrinal works and scientific articles of national doctrines that deal with the theme, besides the research having a documentary character analyzing certain laws that deal with the subject as well as jurisprudential understandings of the main courts of Brazil.