The Legal Treatment of Ecocide and Climate Litigation in Brazil: A Perspective on the Need for Behavior Change
摘要
Due to recent environmental events, especially climatic ones, that have affected global life, this article starts with the idea of ecocide as a crime against humanity and the importance of climate disputes as a mechanism for changing behavior towards environmental and climate protection in Brazil. Given this scenario and the need for a new perspective on global environmental issues, the main objective of this research is to study how the recognition of ecocide as an environmental crime is presented within the Brazilian legal system, taking into account the Brazilian legal framework for environmental protection. The research also examines whether criminalizing ecocide is sufficient to address current environmental degradation. To achieve the intended result, the research will examine the draft bills currently being processed in the Brazilian legislature that aim to amend provisions of Law 9,605/1998 (Environmental Crimes Law), especially Draft Bill 2,787/2019, which is under consideration in the Federal Senate, and the most recent, Draft Bill 2,933/2023, which is in the Chamber of Deputies and proposes the criminalization of ecocide in Brazil. At the end, the current situation of climate litigation in Brazil is raised to offer an analysis of the relation of these decisions in other environmental protection situations. The deductive method was chosen, based on an analysis of the doctrine and the Brazilian legislative proposals, to defend the thesis that criminalizing ecocide is essential, but not sufficient. It is certain that, so far, the legal recognition of environmental crimes in Brazil has not been sufficient to prevent the growing degradation of the environment in the country.