CLIMATE LITIGATION AND PUBLIC PARTICIPATION IN SOCIO-ENVIRONMENTAL INTERNATIONAL LAW

Authors

DOI:

https://doi.org/10.18623/rvd.v22.2768

Abstract

The XXI century climate crisis has pressured the reconfiguration of international legal systems for environmental protection, favoring models that integrate economic development, sustainability, social well-being, and cross-border and intergenerational responsibility. With climate litigation, a legal space emerges with the challenge of moderating the developments of public participation in environmental governance. In this context, this study investigates whether climate litigation has structured a space for civil society to contribute to the construction of a socio-environmentalist order within regional human rights systems. The research adopts a qualitative and exploratory approach, employing the deductive method and documentary analysis, using the Global Climate Litigation Report 2023 as reference. Findings indicate that the Inter-American Court recognizes states’ cross-border responsibility but maintains access barriers; the European Court acknowledges the link between climate and human rights but imposes restrictive procedural requirements; and the African Court lacks significant climate-related litigation. Organized into two sections, the study first examines the evolution of ecological citizenship and then assesses public participation in climate litigation. The conclusion highlights that, despite progress, structural challenges limit the effectiveness of public participation in International Environmental Law.

Author Biographies

Gina Vidal Marcílio Pompeu, Universidade de Fortaleza (UNIFOR)

Post-doctoral degree in Economic Law from Universidade de Lisboa (UL), Lisbon, Portugal. Post-doctoral degree in Human, Economic and Social Responsibility Rights from Université Havre, Le Havre, France. PhD in Law from Universidade Federal de Pernambuco (UFPE), Recife/PE, Brazil. Master’s degree in Law and Development from Universidade Federal do Ceará (UFC), Fortaleza/CE, Brazil. Degree in Law from UFC. Professor of the Constitutional Law Course and the Graduate Program in Constitutional Law at Universidade de Fortaleza (UNIFOR), Fortaleza/CE, Brazil. Lawyer.

Kalyl Lamarck Silvério Pereira, Universidade de Fortaleza (UNIFOR)

Master’s student in Constitutional Law at Universidade de Fortaleza (UNIFOR), Fortaleza/CE, Brazil. Specialist Certification in Constitutional Law from União Brasileira de Faculdades (UNIBF), Paraíso do Norte/PR, Brazil. Specialist Certification in Public Law from Complexo Educacional Renato Saraiva (CERS), Recife/PE, Brazil. Degree in Law from Universidade Potiguar (UNP), Mossoró/RN, Brazil. Lawyer.

Published

2025-03-19

How to Cite

Vidal Marcílio Pompeu, G., & Silvério Pereira, K. L. (2025). CLIMATE LITIGATION AND PUBLIC PARTICIPATION IN SOCIO-ENVIRONMENTAL INTERNATIONAL LAW. Veredas Do Direito, 22(1), e222768. https://doi.org/10.18623/rvd.v22.2768