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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.

Click here to read the alert in Portuguese.

Disclaimer:
“Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.”

Author

Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. As a Senior Partner, she is the Head of the Environment, Climate Change and Sustainability practice group in Brazil. She coordinates the sustainability initiatives conducted by the office. In the environmental and sustainability area, she coordinates several of the biggest cases of contamination and environmental regularization in the country. Renata provides advice on negotiations with authorities; judicial and administrative litigation; review of environmental aspects of financial institutions and operations; drafting and negotiation of environmental provisions in contracts and other commercial operations. She has vast experience in dealing with environmental management, legal audit and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits. In matters related to Consumer Law, she conducts analysis of aspects of Consumer Law in contracts and commercial transactions, judicial and administrative litigations; works on the negotiated solution of matters related to Consumer Law; celebration of agreements with competent authorities; analysis, planning and supervision of legal aspects of recalls; marketing strategies and campaigns; aspects of Consumer Law in electronic commerce and in matters related to information technology and on the development of preventive policies and strategies for companies. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

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 is an Associate in Trench, Rossi e Watanabe Advogados Sao Paulo office. *Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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