Climate Litigation Cases in Latin America and the Caribbean

The Direct Action of Unconstitutionality (ADI) was filed by the PSB, PSOL, Rede, PT, PDT, and PCdoB parties against Federal Law 14.182/2021, which authorizes the privatization of Eletrobras and modifies key elements of the legal framework governing the Brazilian electricity sector. The law resulted from the conversion of Provisional Measure (MP) 1.031/2021, issued by the Presidency of the Republic to facilitate the privatization of the company.

The Sustainability Network, the PSOL, and the PSB filed a Direct Action of Unconstitutionality (ADI), with a request for precautionary measures, against Articles 1 through 7 of Federal Law 14.299/2022. They also requested the admission of the Arayara International Institute as amicus curiae .

The organization FIMA, representing the Civil Society of the Huasco Environmental and Social Reparation Council, the Huasco Ecological Assembly (CRAS Huasco), and Huasco Consciente, filed a protective action against AES GENER SA. The action alleges that the company's actions deprive, disrupt, and threaten the exercise of their rights to use and enjoy their intangible property rights, including their rights to life, physical and mental integrity, and an environment free from pollution. They further allege the deprivation of their right to health protection.

The Environmental Assessment Commission of the Magallanes and Chilean Antarctic Region issued an unfavorable environmental qualification resolution (RCA) to the project submitted by the owner of the "Mina Invierno" coal mine, which sought to incorporate blasting into its coal extraction operations. The main reason for the rejection was the potential impact of blasting on the Loreto paleontological formation.