outubro, 15 2025

By WWF-Brazil

The panel Climate litigation and the legacy of COP30: disputes in the construction of socio-environmental policies, the third of October 14th at Ocupa Panda, event held by WWF-Brazil in preparation for the Climate Conference, was presented and mediated by Danilo Farias and Isabella Cunha, both from the organization's Political Incidence team. Danilo began by recalling that litigation is an important instrument in a context of setbacks – and that Brazil is the second country with the highest number of climate litigation actions in the world, which shows how the legal instrument has grown in the country. 

Micheline Mendonça Neiva, Legal Consultant to the Ministry of the Environment and Climate Change (MMA), has been working for 18 years in public environmental advocacy, having been the coordinator of the National Attorney's Office for the Defense of the Environment and Climate at the Federal Attorney's Office (AGU). According to her, in the legal field, COP30 has already worked, since environmental agendas are being more easily accepted by the judicial system. The obstacles, however, still exist. "We bring new theses and run into old problems, such as the delay that lawsuits take," said Micheline, citing the first climate suit filed on behalf of ICMBio (Chico Mendes Institute for Biodiversity Conservation), which involved 7,000 degraded hectares of a national forest. 

The pace of the Judiciary does not account for the urgency of climate issues, agreed Gabriel Sampaio, Director of Litigation at Conectas Human Rights, who spoke of the challenge of taking to court the issues of rights violations - especially those linked to the climate crisis - in the most strategic way possible. “Human and environmental rights have always been taken to court, but now we have a twist with issues related to climate emergencies. This changes the way litigation is done," he said. He also pointed out the need to maintain the unity of civil society around litigation actions to build more powerful and well-addressed lawsuits.  

Ingrid Martins, a lawyer at the Articulation of Indigenous Peoples of Brazil (APIB), said that the organization's litigation essentially takes place in the Federal Superior Court (STF). "We had ADPF 709 as our first lawsuit, which guaranteed vaccination to indigenous people during the pandemic and the clearance of eight indigenous lands," she said. She also highlighted the importance of Justice in the land demarcation process, which is fundamental to guaranteeing rights. "Demarcation is also a measure to mitigate climate issues," she added. 

ATTENTION!

Micheline Mendonça Neiva, Deputy Legal Consultant to the Ministry of the Environment and Climate Change (MMA) 

"The year 2023 was remarkable, as we were able to revoke a manifestation that prohibited the filing of climate lawsuits. PF-Ibama's first climate lawsuit against a contumacious debtor took place in 2023. In 2024, the first climate suit was filed on behalf of ICMBio, 7,000 hectares degraded in a national forest. The challenges are great - of technical, legal and practical levels. The question we have to ask ourselves now is: How to make climate litigation effective beyond legal theses?"

Gabriel Sampaio, Director of Litigation at Conectas Human Rights 

"Between 2018 and 2019, there was a boom in litigation, this was thanks to the organizational capacity of civil society. The offensive that took place against rights in that time of the Bolsonaro government created this need to organize ourselves. Now it is important to maintain this character of unity for the construction of more powerful and well-addressed litigation. And litigation with analysis of risk and impact." 

Ingrid Martins, Lawyer at the Articulation of Indigenous Peoples of Brazil (GDP) 

"We claim that when we do not have indigenous rights guaranteed, we have violations not only of the Constitution, but also of the Paris Agreement. There is no protected territory if you have no one to protect the protected territory.” 

HOW WWF-BRAZIL OPERATES  

WWF-Brazil is committed to contributing to the construction of a sustainable future in which the country advances towards emission neutrality, with its biodiversity conserved and driven by a fair, inclusive and responsible development model. Our strategy is structured in four pillars:   

• Zeroing deforestation and fostering Nature-Based Solutions.   
• Strengthening the conservation of biodiversity.    
• Protecting rights and promoting the well-being of traditional peoples and communities.    
• Promoting low-impact development.   

OUR ACTIONS IN THE POLITICAL INCIDENCE AGENDA

We work to align Brazilian legislation and public policies with socio-environmental development, climate justice and participatory democracy. We seek to protect natural resources and biodiversity, promote the transition to a clean energy matrix, and defend the rights of traditional peoples and communities.

We work with the Executive, Legislative and Judiciary branches with an analytical and adaptable methodology, identifying opportunities for action, preparing qualified technical-legal documents and conducting strategic incidence plans aligned with WWF-Brazil's priorities. We work in conjunction with bodies of the justice system, parliamentarians, civil society organizations and community representations, especially on the following fronts:

• Strengthening of civil society and public policies.

• Prevention of regulatory and legal setbacks.

• Promotion of positive legislative initiatives.

• Legal incidence and strategic litigation.