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AMAZON DEFORESTATION, CLIMATE LAW AND THE PRINCIPLE OF ECOLOGICAL SOLIDARITY: A COMMON BRAZILIAN AGENDA

Ari Rogério Ferra Júnior

Abstract

Climate change is a topic of worldwide relevance, not only because of the recent heat waves affecting the globe as a whole but also because of the importance of conserving the ecologically balanced environment itself. Climate is a vital aspect of human survival and ecological balance. With this in mind, the world is turning its attention to Brazil and the Amazon rainforest, the target of recurrent attacks that have resulted in high percentages of deforestation. It is known that since the signing of the Amazon Cooperation Treaty by the eight countries of the Amazon biome, many new challenges have arisen; however, the main commitment signed in the treaty of July 1978 remains a common commitment (and agenda) for the preservation and conservation of the environment and the rational use of the Amazon's natural resources. In addition to preserving the Amazon territory, the development of the Amazon territory is prioritized in order to achieve sustainable development. As a result, deforestation liabilities must be tackled and combated through reforestation and ecological restoration. According to preliminary government data from the Space Research Institute, deforestation alerts in the Amazon may have fallen by 39 percent in the first half of 2023. What emerges within the topics of climate change and consequent climate litigation is climate law as a means of resisting and confronting the climate crisis. Nevertheless, the Brazilian government itself was ordered by the Supreme Court to take action because of omissions by the Brazilian government responsible for the increase in deforestation in the Amazon in relation to the Climate Fund and the paralyzing of the Amazon Fund. As a response to climate litigation, what is assumed to be necessary is an understanding of the so-called ecological Constitution and the duty to sustainable development, and ecological solidarity in a broad normative perspective, in its governmental actions and not being silent on environmental positions; in addition, Brazil's commitment to its own normative order, to international treaties and agendas, such as Agenda 2030, must be part of the Brazilian agenda in order to regain environmental prominence. To achieve the expected goals, the methodology used is bibliographical, documentary, and exploratory, using the deductive method.

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DOI resolver: doi.org/10.5593/sgem2023v/3.2/s14.35

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