CLIMATE CONSTITUTIONALISM AND DISASTER LAW: LEGAL RESPONSE TO THE CRISIS IN RIO GRANDE DO SUL, BRAZIL

Abstract

This article analyzes the role of Climate Constitutionalism and Disaster Law in promoting efficient environmental governance, based on the case study of the floods that occurred in Rio Grande do Sul in 2024. The research adopts a qualitative and documentary approach, involving the examination of national and international legislation, relevant judicial decisions, reports from multilateral organizations, and specialized literature. The study seeks to identify the main legal challenges related to the prevention and management of climate disasters, highlighting the limitations and potential of existing norms. The first section discusses Climate Constitutionalism as an evolution of Environmental Constitutionalism, emphasizing the incorporation of environmental and climate rights in national constitutions and the articulation with transnational governance. The second section explores Disaster Law as a legal branch focused on prevention, mitigation, emergency response, and reconstruction in contexts of climate change, highlighting Law No. 12.608/2012 and the relationship between social vulnerabilities and extreme events. It is concluded that adaptation to climate change requires the review of regulatory frameworks and the integration of climate principles into the legal system, in addition to cooperation between States, international organizations and non-state actors, with a view to promoting climate resilience and protecting fundamental rights.