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Abstract

<jats:title>Abstract</jats:title> <jats:p>This chapter proposes a reinterpretation of the civil liability regime within the Brazilian legal framework in light of the challenges posed by climate change. It begins by examining the characteristics of civil liability in Brazilian law and the trajectory already undertaken to adapt classical legal structures to the peculiarities of environmental harm. In the case of climate-environmental damage such adaptations prove to be even more urgent and complex, especially given the cumulative and synergistic effects that are often difficult to attribute directly to a specific defendant, and the dual demands of reparation and prevention of diffuse harm resulting from dispersed actions. The chapter’s first section presents the specificities of environmental civil liability in the Brazilian legal system, focusing on the transformations already implemented to adjust the traditional doctrine to the unique characteristics of environmental harm. Next, the chapter explores how the Brazilian environmental civil liability regime can be applied to climate-related damages. Lastly, the chapter examines how civil liability has been addressed within the context of domestic climate litigation, drawing on data from the Brazilian Climate Litigation Platform to identify both the potential and the limitations of employing civil liability as a legal tool to address the climate emergency in the country.</jats:p>

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Keywords

civil liability brazilian legal climate

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