Date and time: THURSDAY 14 September 2023, 2pm-3.30pm CEST
Our panel will be divided into three moments. In the first, former judge and researcher at Widener University Luciana Bauer will summarize the main judicial decisions already closed on climate issues within the scope of the Federal Supreme Court. Luciana will explain the relevance of defining the Paris Agreement as a human rights treaty by the decision of the Court, the character of the norm that was given to the Agreement, and the recognition of the non-offense to the principle of division of powers in the interference of judicial decisions in the budget climate policies and command and control actions. Climatic Cases PSB et al v. Brazil (at the Climate Fund) (http://climatecasechart.com/non-us-case/psb-et-al-v-federal-union/) and PSB et. al. v. Brazil (on the Amazon Fund), (http://climatecasechart.com/non-us-case/psb-et-al-v-brazil/) will be worked on in more detail, as they already have final judgments. And the perspectives of the ADCP 706 Judgment.
In the second moment, federal judge Rafaela Rosa will outline the expected future trends in Brazilian climate litigation, notably from the sedimentation of the legal category of climate damage. It will be explained that the National Council of Justice issued a Resolution requiring all Brazilian judges to analyze the impact of environmental offenses on global climate change in their sentences (CNJ Resolution 433/2021, available here: https://atos.cnj.jus.br/files/original14041920211103618296e30894e.pdf). It will be demonstrated how this Resolution is being complied with in lawsuits, with technical measures to individualize greenhouse gas emissions and sinks of losses resulting from actions such as deforestation, and reflections will be made on the potential use of individualizing imminent climate damage or future as a measure for judges to determine precautionary measures in projects with projected emissions, considering the Brazilian mitigation commitments.
The conclusion will be an analysis of the Amazon Summit and the new geopolitical and decolonial trends of the forest nations, headed by the Brazilian government.
Luciana Dias Bauer – former Brazilian federal judge, Researcher. Climate Change and Human Rights Lawyer, Ph.D. applicant In Legal Science in the Doctorate at the University of Vale do Itajaí – Univali/ BRAZIL, in Dual Degree with the SJD Doctor of Law Widener University – Delaware Law School / USA
Rafaela Santos Martins da Rosa – Federal Judge in Brazil, Doctor in Law from Unisinos/RS, visiting researcher at UC California Berkeley Law, and currently assistant to the permanent committee of Agenda 2030 of the National Council of Justice of Brazil (CNJ).
We suggest that all participants read Bauer, Luciana, Global Environmental Constitutionalism: the Rule of Intergenerational Climate Law in Brazilian Cases (Feb 30, 2023). Available at SSRN: https://ssrn.com/abstract=4496548 or http://dx.doi.org/10.2139/ssrn.4496548and the decisions issued in ADPF 708 and ADO 59, which can be consulted in the Sabin Center database, in the survey of the stock of Brazilian cases.
We also suggest attending the public hearing held by the National Council of Justice on the quantification of climate damage and the use of satellite images and georeferencing in environmental actions (available here, it is possible to activate subtitles in other languages: