Fundamental rights theory and climate protection through the lens of the Brazilian Constitution

Abstract

Given the challenges that arise from the present climate crisis resulting from global warming, not only but also for the theory and practice of Constitutional Law and Fundamental Rights, the scope of this article is to emphasize Brazil’s constitutional system to discuss to what extent the climate (or climate system) is raised to the status of a legal interest at constitutional level, to explore the topic of its character as a fundamental right, stressing the so-called objective dimension of fundamental rights, and to make a few notes on the role of Brazil’s constitutional jurisdiction in its enforcement, including the role of international climate treaties and the power-duty of conventionality control assigned to Brazilian Judges and Courts.