In brief
In November 2021, the city of Glasgow in Scotland will host the 26th United Nations Climate Change Conference. In Brazil, the Commission of Foreign Affairs and National Defense (CREDN) held a public hearing on 21 June to discuss the projects that Brazil will present at COP26 after members of the Congress Camilo Capiberibe, David Miranda and Paulo Fernando dos Santos had presented a requirement, for that matter.
More details
Members of the Climate Observatory, Brazilian Business Council for Sustainable Development (CEBDS), Latin American Climate Lawyers Initiative for Mobilizing Action (LACLIMA), Talanoa Institute, Fridays for Future Brazil and the Counselor of the Environmental Division of the Ministry of Foreign Affairs, participated as guests in the public hearing.
In summary, the main points of the guests’ speeches were the sense of urgency regarding climate change, and the prioritization of adoption by Brazil of concrete actions and measures to realize a low-carbon economy and neutralize its emissions, since good intentions and public declarations are not enough.
The importance of regulating Article 6 of the Paris Agreement, which governs the international market of emissions reduction and Brazil’s carbon market was also debated by the guests, given the high potential of the country to become one of the leaders in this global market.
Moreover, the new Brazilian Nationally Determined Contribution (NDC), presented in 2020, was criticized in the guests’ speeches due to its lack of ambition. It was judicially questioned once it was considered a target divergence (pedalada climática) by some groups. Despite that, Brazil’s potential to reduce emissions even more than what was forecast in the NDC was highlighted in the guests’ speeches, in tandem with the fight against illegal deforestation, a theme that was strongly presented by the guests.
Due to the COVID-19 pandemic, the guests expect that the COP26’s focus will be on actions for a green economic recovery. For Brazil, these are projected credibility (especially regarding the control of deforestation and corresponding adjustments in the NDC), ambition in the NDC (and long-term strategies for efficiency), and a cooperative posture regarding the regulation of Article 6.
Finally, the guests demonstrated concern about the COP26 format, specifically the way it may be structured, which still has not been identified (i.e., if hybrid, online or in person). The guests are also worried that the COP26 cannot be inclusive for many emerging and underdeveloped countries that had not yet achieved a safe immunization standard against COVID-19 and do not have a technological infrastructure to equally follow all COP26 panels.
Our Environmental and Sustainability team is available for further clarifications on the subject.
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Disclaimer:
“Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.”
Author
Alexandre Salomão Jabra
Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations.
In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization.
In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code.
Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.
Author
Livia Lupinacci
Manuela Demarche joined the Firm in 2017, and has been working with Environmental Law since 2010. She is currently a Senior Associate of the firm’s Environment, Sustainability and Climate Change practice group.
She has several years of experience in complex matters connected to environmental, sustainability and climate change, and her practice focus on a wide range of matters, particularly in connection to environmental liability, licensing proceedings, carbon and M&A transactions and cross-border disputes. During 2022, she did an attorney training program in the U.S. and has worked as a Legal Extern for the American Clean Power Association.
She regularly advises international and domestic clients in relevant cases, including preparing opinions, overseeing due diligences, drafting administrative and judicial claims for disputes arising from controversial environmental matters. Under her umbrella, she regularly deals with regularization (air pollution, effluents, solid waste, contaminated areas), circular economy, take-back schemes, extended producer responsibility, carbon markets, REDD+, biodiversity and crisis management.
Awards and Recognitions
Manuela Demarche is recognized for her work as an outstanding professional – “Associate-to-watch” – in Environmental Law in Brazil, by the publication Chambers and Partners. She was also mentioned by Análise Advocacia Mulher.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.
