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O Ciclo da Litigância Climática no Brasil: Entre o direito e a política

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SciELO Preprints
DOI
10.1590/scielopreprints.9863

This article investigates the formation of a cycle of climate litigation in Brazil, examining its relationship with the mobilization of law in socio-environmental conflicts. The research integrates data from two databases, compiling and analyzing 138 court cases filed between 1996 and 2024. The study adopts a socio-legal approach to examine who litigates, against whom, on which issues, and with what political and social effects. The findings indicate the emergence of new actors and institutional arrangements, in which civil society organizations and political parties assume a leading role, forming coalitions with the Public Prosecutor’s Office, the Public Defender’s Office, and traditional communities. Disputes are concentrated on public policies, deforestation, and sectors such as agribusiness, oil, gas, and mining, while also encompassing conflicts arising from carbon market mechanisms and the energy transition. The article concludes that climate litigation in Brazil is not merely a reaction to climate-related harms, but rather constitutes a strategic arena of political contestation, shaped by global funding flows, the involvement of new legal actors, and the conceptual redefinition of categories within environmental and climate law. In addition, the article reflects on this field of research, suggesting methodological refinements and analytical avenues for future studies.

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