Fundamental rights are important constitutional categories for a nation. In the quest to guarantee these rights, Brazil can add a new fundamental right to its Constitution: the right to climate security.
Climate security implies adopting effective measures to mitigate the impacts of climate change, adapting to present and future challenges. This involves the implementation of public policies that promote the reduction of greenhouse gas emissions, encourage the use of renewable energies, conserve ecosystems and promote sustainability in all spheres of society.
In 2022, the Constitution, Justice and Citizenship Commission of the Chamber of Deputies approved the admissibility of PEC 37/21, a proposal that aims to oblige the Brazilian State to act effectively to minimize the impacts of climate change in the country.
Climate security is not just an environmental issue, but is also inextricably linked to social justice, human rights and sustainable development. By guaranteeing climate security as a fundamental right, the future of the planet is protected and a dignified life is ensured for present and future generations.
The PEC also proposes an amendment to the Federal Constitution, establishing climate security as a fundamental principle of the economic order, aligned with national sovereignty, free competition and reduction of regional inequalities, among other essential principles.
If approved, PEC 37/21 imposes on the State the duty to protect both Brazilians and foreigners residing in our country from extreme weather events, such as prolonged droughts, changes in the rainfall cycle, floods and natural disasters. The project amends art. 5, caput, adds item X to art. 170 and item VIII to §1 of article 225 of the Federal Constitution. Additionally, the State may also be held responsible for actions and decisions that jeopardize the nation's climate security.
Climate security as a fundamental right would represent a significant step forward in protecting the life and well-being of all Brazilian citizens, as well as a commitment by the State to face the challenges posed by climate change. As climate change intensifies, the devastating impacts are becoming increasingly evident. In Brazil and around the world, extreme weather phenomena, such as prolonged droughts, devastating floods and increasingly intense storms, are becoming more frequent and intense.
PEC 37/21 brings, therefore, the hope that Brazil can become a leader in the adoption of concrete and effective measures to mitigate climate impacts and guarantee a sustainable future for present and future generations.
A joint effort is needed to address these challenges and promote the realization of fundamental rights. Fundamental rights are the foundation of a fair and democratic society. They are the ones who guarantee the life, dignity, freedom and equality of all individuals. Therefore, it is essential that we continue to fight for its implementation, overcoming obstacles and building a future for people.
