Analysis of State Civil Responsibility in Climate Litigation Conflicts, in the Context of the Elevation of Environmental Causes to the Human Rights Protection Category

Abstract

The objective of this article is to present the transformation of the Climate Litigation theme, under a contemporary context, inserted in the approach within the category of human rights and in the face of the phenomenon of globalization of environmental issues. We sought to analyze the opposite context to the traditional discourse of punishment of the private sectors, such as entrepreneurs and individuals for environmental attacks. Thus, the purpose was to bring to light that the State has gone from a mere spectator of environmental causes to the main agent in legal matters, inspection, and applicator of penalties to violators of environmental policies. Failure to do so may result in liability. Notwithstanding the Paris Agreement, which governs measures to reduce greenhouse gas emissions from 2020, does not establish penalties for violators of the goals established for countries, there is a tendency, within the scope of domestic law, for state accountability in demands of Climate Litigation. Through the analysis of concrete cases, such as Massachussets et al v. Environmental Protection Agency, the case Lliuya v. Rwe, and other genuinely Brazilian cases, sought to present the trend of the judicialization of climate issues, supported by the mainstay of state responsibility, through legal institutes that allow the civil, administrative and criminal conviction of the public entity. The article was produced by the descriptive method, with data and qualitative bibliographic research. Now, if it is the guarantor of fundamental rights such as the right to life, health, food security, property and if it authorizes the consumption of natural resources and the approval of environmental projects, why not demand the parameters of sustainability in the context of public policy?