As contribuições dos compromissos ambientais e climáticos internacionais ratificados pelo Brasil para sua legislação doméstica : um estudo de caso sobre a formulação da Lei nº 14.904/2024

Abstract

This study aims to understand how international environmental and climate commitments have contributed to the formulation of domestic legislation. To this end, we present a brief overview of the debate on international and domestic environmental and climate policy. Next, a systematic literature review is conducted in the Capes Journal Portal and SciELO databases to identify studies that explore the contributions of international norms to domestic legislation, thereby demonstrating that no specific studies exist on the environment and climate. Thus, a case study is conducted on the process of drafting Law No. 14,904 (Brazil, 2024), supported by documentary research consisting of 39 written documents, including the initial draft and final version of the bill, opinions and motions, official letters, and rulings from the Chamber of Deputies and the Federal Senate. The study concludes by demonstrating how the international environmental and climate commitments ratified by Brazil contributed to the formulation of domestic legislation, albeit belatedly and in an unsystematic manner. It is found that processes of legitimizing political discourses draw not only on international norms but also on international institutions. The legislation itself adopts and mimics concepts such as adaptation, mitigation, and resilience from international documents, while also seeking alignment with the concepts, practices, and structures.