Prevention and Remediation Possibilities in Climate Litigation Against Corporations in Brazil

Climate change presents a threat not only to human rights but also to human existence. The United Nations Human Rights Council has recognised that climate change will lead to acute human rights violations, such as forced displacement and deprivation of the rights to housing, health, and personal integrity. Despite scientific warnings and academic debates, it remains necessary to seek effective measures to prevent, mitigate, and adapt to the causes and consequences of climate change. This Essay identifies the normative framework applicable to corporate activities and their relation to human rights and pauses at the United Nations Guiding Principles on Business and Human Rights and their suggestion for adoption of a human rights due diligence procedure. This procedure will serve to prevent and mitigate negative impacts as well as recognising measures for redress. Taking account of the normative development, this Essay investigates the Brazilian experience of protecting human and environmental rights, as well as the country’s legislative protections and judicial decisions. The Brazilian system provides a tool to prevent damage from climate change, but climate litigation is also quickly developing. The Essay concludes that there is fertile ground in the country to impose an obligation on corporations to prevent damage resulting from climate change