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BrazilPosted on October 3, 2015

Brazil’s Consideration of Ethics and Justice Issues inFormulating Climate Change Policies

Carlos Germano Ferreira Costa, BSc, MSc, PhD

carloscostainspira@gmail.com

This paper responds to the research questions of the Project on Deepening National Responses to Climate ChangeOn The Basis of Ethics and Justice, a joint project of the University of Auckland, School of Architecture andPlanning and Widener University, School of Law, Environmental Law Center. The research questions andresponses are as follows:

1. Identify the most recent national commitment on reducing ghg emissions (INDCs) made bythe country and the date on which it was made.

Brazil is a country of continental dimensions, it has a very complex and dynamic economy as well as being aresourcerich country and a large agricultural producer, but it is still a developing country. Notwithstanding it isamong the top ten greenhouse gas emitting countries, with a share of approximately 4% of global ghg emissions.The 2005 emissions were estimated to 2.193 MtCO2eq while the projections for Brazil’s BAU emissions in 2020are estimated to reach 3.126 MtCO2eq (Halonen et al, 2013, p24p25; MF, 2014, p13). Based on the UnitedNations Framework Convention on Climate Change (UNFCCC), as a NonAnnex I country, Brazil does not haveany quantified emission limitation or reduction obligations to achieve the goals of the UNFCC. However,differently from other emerging markets and developed countries, the Brazilian Government (GoB) claims thatthe country is playing a critical role and making tangible contributions to tackling climate change. On September27, 2015, Brazil presented to the United Nations its Intended Nationally Determined Contribution (INDC) to theagreement on climate change that will be adopted at the Paris Conference (COP21) in December 2015. TheBrazilian INDC was built on positive results – Brazil reduced its greenhouse gases emissions by more than 41%(GWP100) between 2005 and 2012 (Presidency of Brazil, 2015). This is the largest reduction achieved by anycountry so far – and establishes even stronger commitments. Brazil is adopting an emissions reduction target of37% (GWP100) in 2025, compared to 2005 levels, and is indicating that emissions can be reduced by 43% (GWP100) in 2030. For this reason, Brazil provides an interesting contrast to other nations. It has apparentlyacknowledged its status as the highest ghg emitter in Latin America and Caribbean region and announcedvoluntary emissions reduction targets raging from 1.500 MtCO2eq to 2.000 MtCO2eq by 2020 – according toBrazil’s Second National Communication to the UNFCCC and the PNMC (National Policy on Climate Change).The GoB claims that Brazil, as a developing nation, has been doing its fair share to combat climate change, and isprepared to sustain this leading role in the context of the overall efforts needed to address the problem, pursuantto the Climate Convention’s objective and principles (MCT, 2010, p6p23). According to the GoB, some of themost effective initiatives led by Brazil in this arena began with the establishment of the National Policy on ClimateChange – PNMC , by means of Law n 12,187/2009. The voluntary mitigation actions at national level included init had been announced by the former President of the Republic, Mr. Luiz Inácio Lula da Silva, in Copenhagen, inDecember 2009, during the COP15 and the CMP5. In accordance with this law, Brazil openly acknowledged and

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agreed to pursue voluntary actions for the mitigation of greenhouse gas emissions with a view to reducing itsprojected emissions between 36.1% to 38.9% by 2020. Notwithstanding, according to Halonen et al, (2013, p24)the projections for Brazil’s BAU emissions in 2020 will vary widely from approximately 1.4 to 3.2 MtCO2eq,depending on the assumptions. The Minister of Science, Technology and Innovation, Marco Antonio Raupppresenting the report “Annual Estimates of Greenhouse Gas Emissions in Brazil from 1990 to 2010” – based onDecree 7,390/2010 – claimed the reductions of Brazilian emissions, in all sectors, at 38,7% (from 2.03 to 1.25billion tonnes of CO2eq) between 20052010, driven by emissions reduction of 40,1% (19952005) and 76.1%(20052010) from Land Use, Land Use Change and Forestry (LULUCF) that have traditionally contributed withthe highest share of total emissions in Brazil (60%) (MF, 2014, p5; FBMC, 2015).

2. Given that any national ghg emissions reduction target is implicitly a position on anatmospheric ghg concentration that will avoid dangerous climate change, to what extent hasthe nation expressly identified an atmospheric ghg level target goal or a warming limit that itsINDC is designed to achieve and is it possible to quantitatively examine how the ghg emissiontarget links quantitatively to an atmospheric ghg concentration or carbon budget?

Brazil´s INDC has significant implications on the global longterm transition to a lowcarbon economy once Brazilis one of the few developing countries to take on an absolute emissions reduction target. Brazil’s goal is equally ormore ambitious than the targets of many developed countries. In addition, its INDC incorporates the most uptodate references from the IPCC consistent with the overall goal of limiting temperature rise to 2 degrees Celsius(Presidency of Brazil, 2015). The country committed to eliminate illegal deforestation, restore and reforest 12million hectares of forests, restore an additional 15 million hectares of degraded pastures and enhance 5 millionhectares of integrated croplandlivestock forestry system by 2030, increase the share of renewable sources(beyond hydropower) in the energy matrix by 28% to 33%, among other measures, which include transformativeactions in the energy sector. This means accelerating the shift to renewables and surpassing its existingcommitments to minimize emissions from agriculture. However, Brazil´s intentions are not a huge shift ofdirection in which Brazil is already moving. Brazil advocates a middle ground by delivering a proposal based ondifferentiation with Annex I countries adopting economywide absolute emission targets and other countries,depending on their respective responsibilities and national capabilities, adopting intensitybased targets; targetsdefined as a deviation from business as usual (Ott et al, 2014, p5). In this sense, Brazil proposed a concentric cycle– focused on mitigation, adaptation, finance, technology development and transfer – during the Ad Hoc WorkingGroup meeting on the Durban Platform for Enhanced Actions (ADP, 2014, p8) held on 2025 October 2014 inBonn, Germany. In addition, Brazil agreed with most Parties about the necessity for the 2015 agreement beingdurable and flexible, based on a 10year cycle with a 5year contribution term, with purpose to allow foradjustment to enhance ambition while at the same time provide a longterm perspective for Parties based onscience, equity and adequacy to close the gap between AnnexI and NonAnnex I countries (TWN, 2014, p1).

3. Given that any national ghg emissions reduction target is implicitly a position on whatethics, justice and equity requires of it, to what extent has the nation expressly identified thejustice or equity basis that it has considered in determining a ghg emissions reduction targetpercentage level?

Brazil says that given the characteristics of climate change as a collective action problem at the global scale, the2015 agreement must ensure that all Parties move towards the same direction over time, with developed countriestaking the lead and by taking fully into account the economic and social development and poverty eradicationpriorities of developing countries. The Brazilian INDC includes actions to increase resilience and reduce risksassociated with the negative effects of climate change, especially for the poorest parts of the population, withattention to gender issues, the rights of workers and of indigenous and traditional communities (Presidency ofBrazil, 2015). In addition, Brazil’s Initial and Second National Communication to the Climate Convention (thepublication of the 3rd National Greenhouse Gas Emissions Inventory has recently ended the public consultation

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period at the beginning of 2015) reaffirms the country’s commitment to strengthening the role of multilateralinstitutions that, according to the GoB, are the adequate framework for solving problems of a global nature thatwill affect the international community (MCT, 2010, p7). The National Food Security and Nutrition (CONSEA)clearly states the understanding that the climate crisis is not a result of chance. It supports that the principles ofsocial justice and climate justice should guide the internal and external Brazilian Climate Policy, because climatechange should be understood both in the ethical and social dimensions located in the field of human rights andthe burden of the adjustment to the climate crisis must be supported for those who have historically beenresponsible for its development, those that misappropriate the wealth, both in developed and in developingcountries as well (CONSEA, 2009, p2). The GoB’s definition of “fair share”, according to Eduardo Campos, StateMinister of Science and Technology in 2004, has always been related to the fact that climate change is a matter ofconcern for humankind which can be decisive for the survival of the human race in the long term. In addition,Brazil´s intentions to play a leading role in the arena of global environmental issues confirms the importance thatthe GoB attaches to its commitments under the UNFCCC treaty and how it internalizes the recognition ofambition, equity, equality and fairness in front of other nations and to convince the populace that the nationshould show international leadership on environmental issues.

4. To what extent, if any, has the national debate about the nation’s INDC considered oracknowledged that the nation not only has economic interests in setting its ghg target but alsoethical obligations to those who are most vulnerable to climate change?

According to the former president Luiz Inácio Lula da Silva, on the National Plan on Climate Change, Brazil hasdone a lot to face the problem of climate change; it has been working internally and in the internationalnegotiations on the issue searching for viable, fair and equitable responses. Brazil points out that its main concernare the poor people, who have done nothing to generate this problem but will suffer the consequences ofunsustainable patterns of development (PNMC, 2008, p5). Brazil officially says that not only economic interestsdrive its ghg reduction targets but also ethical obligations to those who are most vulnerable (PNMC, 2008, p7p8;p13;p84; NPCC, 2008, p19p21). Perspectives of justice and equity are reported in training and cooperationinitiatives in relation to national and regional capacity building with other developing countries (SouthSouthCooperation) and triangular cooperation initiatives, involving both developed and developing countries (NorthSouthSouth Cooperation) (MCT, 2010, p464; p473474; p478479 ). Brazil also points out that collaboration withother developing countries related to Clean Development Mechanism initiatives – such as the fight againstdeforestation, technological advances achieved in the agriculture sector, as well as the case for biofuels and energyefficiency , help these nations to achieve development goals (MCT, 2004, p22; MCT, 2010, p6). Although, inreality, Brazil´s intentions are not merely based on ethics, justice, or equity. Brazil seeks to identify itstechnologies that developing countries need to receive, diffuse and/or transfer through SouthSouth (especiallywith Portuguesespeaking and/or African countries) or triangular cooperation and, thus, expand commercialtrade.

5. To what extent have NGOs or other major participants engaged in climate change policyformation at the national level examined the national INDC from an ethics, justice, or equityperspective?

In Brazil, the participation of NGOs is mostly represented by the Climate Observatory (Observatório do Clima),which is a network that brings together civil society organizations in order to discuss the issue of climate change(Observatório do Clima, 2014, p1). It has engaged in climate change policy formation at the national levelproposing to the GoB that emissions should not exceed the ceiling of 1 CO gigatons in 2030, which must be theBrazilian contribution to maintain the 2 degrees warming limit (Scala, 2014, p1). According to Brazilian NGOs, theGoB is weak in public policies development aimed to reduce missions, especially regarding deforestation,agriculture and energy. In this regard, a recent survey, conducted by Datafolha Institute, commissioned by theClimate Observatory (Observatório do Clima) and Greenpeace Brazil, proved that the Brazilian population is very

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concerned about Climate Change (85%), 88% identify issues related to global warming with deep concern for thecountry, a rate that reaches 91% when evaluating the perception about the future of the planet. It has also statedthat the population believes that the GoB has done very little to address this problem (84%). This may be anindication that the efforts – reduction of ghg emissions by more than 41% (GWP100) between 2005 and 2012 –made by GoB to date, have not been perceived as sufficient by the populace in order to face the problem.Moreover, twothirds (66%) of respondents said that they expect from Brazil a leading position in internationalnegotiations addressing climate change issues (Datafolha, 2015).

6. To what extent has the national media covered issues concerning the national INDC withrespect to ethical, justice, and equity issues?

The National media has contributed towards an increase in public awareness on climate change as it offerspublications in Portuguese from international and national researches, in order to generate awareness of an issuethat was previously relatively unknown in the country. However, little has been done with respect to ethical,justice, and equity issues.

7. Before any nation may adopt an INDC or climate policy it often has to satisfy nationaleconomic interests. Yet many nations fail to disclose the national economic interests that haveactually affected the lack of aggressiveness of the national INDC when commitments are madeunder the UNFCCC. Given this, what is known about the actual basis for the aggressiveness ofthe national INDC?

The Brazilian INDC establishes even stronger commitments In Brazil, the current emissions reduction targets areidentified by sectorial plans; it aims to reduce social inequality and to increase income by seeking an economicdynamic with a low emissions trajectory (PNMC, 2008, p7). Brazil in the Joint Statement on Climate ChangeBetween the GoB and the Government of the People´s Republic of China (China), after the official visit of thePrime Minister of China, Li Keqiang to Brazil, in May 19, 2015, recognized that climate change needs to beaddressed through international cooperation in the context of sustainable development, reaffirming the Braziliancommitment to reaching a balanced, comprehensive, equitable and ambitious agreement in full accordance withthe principles of equity and common but differentiated responsibilities and respective capabilities, with developedcountries taking the lead by undertaking ambitious, economywide, absolute emission reduction targets andproviding finance and technology support to developing countries, including incentive mechanisms toprogressively move towards economywide mitigation contributions. Brazil says its INDC were driven towards theobjective of the Convention, indicating that its national initiatives – Brazil’s clean energy matrix, use of biofuelsand significant decline in deforestation, which have put the country on track towards a lowcarbon economy – andresults achieved – Brazil reduced its greenhouse gases emissions by more than 41% (GWP100) between 2005 and2012 – were fully reflected in its INDC. Brazil affirms that its cooperation on climate change, with other countries,will achieve cobenefits in combating climate change and promoting energy security, environment protection andsustainable development (BrazilChina Joint Statement, 20152021, Presidency of Brazil, 2015).

8. What formal mechanisms are available in the nation for citizens, NGOs and other interestedorganizations to question/contest the nation’s ethical position on climate change?

According to Cole at al., (2015, p1) in Brazil, developmentrelated priorities are handled through substantivemeasures, while social and environmental concerns are addressed through procedural mechanisms, includingparticipation. This represents the way Brazilian climate governance works, both domestically and in the context ofmultilateral climate governance regimes. Since activities related to climate change began in Brazil, institutionshave been created to address the domestic implementation of the Climate Convention. In June of 1994, the GoBestablished an Interministerial Commission for Sustainable Development – CIDES by presidential decree (Decreen 1,160 of June 21, 1994). The objective of CIDES was to provide assistance to the president of the Republic ino

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decisionmaking about national strategies and policies for sustainable development, in a manner compatible withAgenda 21, in recognition of the complexity of this task and the need for involvement of a large number ofinstitutions (MCT, 2004, p59). In addition, the concern for greater institutionalization of climate change relatedissues led to the creation, by Presidential Decree in July 7, 1999, of the Interministerial Commission on GlobalClimate Change, with the purpose of coordinating government actions in this area. This decree empowered theCommission to request the collaboration of other public or private bodies and representative civil societyorganizations in carrying out its responsibilities (MCT, 2004, p60). In 2014, The Ministry of Foreign Affairs(MRE) coordinated public consultations with the Brazilian civil society to support the preparations for theBrazilian proposal (INDC) that the country presented to the new agreement under the Climate Convention (MRE,2014; 2015; Portal Brasil, 2014). These consultations were divided in two phases. The first phase of consultationwas held from May 26 to July 22, 2014, based on an online questionnaire (available athttp://diplomaciapublica.itamaraty.gov.br/consultaclima). The second phase of consultation began on 25thAugust 2014, with the publication of the preliminary report on Public Diplomacy, which was subjected to a newround of electronically and inperson meetings; The Government of Brazil considers essential that contributionsto the new agreement contains the backing of various sectors and segments of civil society. The meetings wereopen to all interested parties upon prior registration by email (consultaclima@itamaraty.gov.br) (MRE, 2014,p2).

9. Are you aware of any regional, state, provincial, or local governments in your country thathave acknowledged some ethical responsibility for climate change? If so, what have they said?

According to the former president, Mr. Luís Inácio Lula da Silva, yes; he said that Brazil is working both internallyand in the international negotiations on the issue to find viable, fair and equitable responses and Brazil iscommitted to do more, as part of a global effort to deal with climate change (NPCC, 2008, p3). Notwithstanding,domestically, for the most part, adaptation to climate change has been left up to central government. The Federalgovernment says it has extensively advocated ethical and justice considerations in allocating a percentage ofglobal ghg emissions to the nation through the identification of a ghg emissions reduction commitment. It maysuggest that the government is aware of its UNFCCC obligations and therefore what climate justice entails. Therehave been attempts to expand education, public awareness, and training regarding issues related to climatechange. Several educational programs implemented in Brazil are in accordance with the objectives of theConvention. Of special note are the National Environmental Education Program – PRONEA and the NationalEnvironmental Education Policy – PNEA, which aim at promoting a broad program of environmental educationin Brazil. Also of great importance are the programs “PROCEL in Schools” and “CONPET in Schools”, directedespecially at children and teenagers through partnerships with teaching institutions. In addition the BrazilianClimate Change Forum – FBMC, created in 2000 and chaired by the president of the Republic, seeks to promotethe awareness and mobilization of society about global climate change (MCT, 2004, p215). The President DilmaRousseff in a recent speech at the United Nations Climate Summit, said that in an environmental injustice frame,the poor are the most vulnerable, especially in large urban centers and that the concept of climate justice has beenunderstood in Brazil based on a sustainable growth model that has shown it is possible to combine environmentissues, inequality reduction, productivity and innovation increasing (FBMC, 2015, p1).

10. Has your national government taken any position on or otherwise encouraged individuals,businesses, organizations, subnational governments, or other entities that they have someethical duty to reduce greenhouse gas emissions?

The Brazilian INDC addresses mitigation and adaptation actions, as well as financial, technological and capacitybuilding needs, to respond to the challenges of climate change. It strongly recognizes the important role of localgovernments (Presidency of Brazil, 2015). The GoB established by Decree n 3,515 of June 20, 2000, the BrazilianForum on Climate Change (Fórum Brasileiro de Mudanças Climáticas – FBMC), which aims to raise awarenessand mobilize society for discussion and position on the problems arising from climate change by greenhouse gases

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as well as on the Clean Development Mechanism (CDM) defined in Article 12 of the Kyoto Protocol to theUNFCCC ratified by the National Congress through Legislative Decree n 1, February 3, 1994. The FBMC wascreated to assists the GoB in the incorporation of questions on climate change at different stages of public policy(FBMC, 2015). The Federative Republic of Brazil is divided into 26 states, 5,565 municipalities and the FederalDistrict, where the capital of the Republic, Brasília, seat of the government and the Executive, Legislative andJudicial Branches, is located (IBGE, 2015). At the subnational level, 12 out of the 27 Brazilian federative unitshave already sanctioned laws that establish statelevel climate change policies and four state legislatures areconsidering bills that are under discussion with civil society (Climate Forum, 2012, p10p11). According to theClimate Forum, most of the statelevel policies now in effect do not establish ghg emission reduction targets –exceptions are the states of São Paulo, Rio de Janeiro and Paraíba. The state of São Paulo established an absolutetarget of reducing ghg emissions by 20% by 2020, compared to 2005, while the state of Paraíba set the sametarget as the federal government: reducing ghg emissions projected by 36.1% – 38.9% by 2020 (Climate Forum,2012, p10p14). The state of Rio de Janeiro established an emission intensity (tCO2e/GDP) target in 2030equivalent to the intensity observed in 2005, and has also established reduction targets, for specific sectors,ranging from 30 to 65% (see State Decree 43,216/2011), while eight Brazilian federative units have its goals underdiscussion, and another 3 federative units have shown intentions to reduce or at least stabilize its ghg emissions(Climate Forum, 2012, p15).

11. What recommendations would you make to get the nation or civil society to take ethics andjustice issues seriously in climate change policy formulation?

The GoB believes its actions demonstrates how the national commitment on reducing ghg emissions (INDCs) arequantitatively linked to an atmospheric 2 degrees warming limit, somehow representing what Brazil considers tobe its fair share of safe global emissions. However, it seems Brazil has been promoting ethical arguments to forgemoral leadership on climate change, since the actions provided for its INDC are not dependent on externalsupport. However, recognizing the success of initiatives such as the Amazon Fund, Brazil also foreseesinternational support for the implementation of its INDC while it recognizes the importance of SouthSouthcooperation in the global effort of combating climate change and expansion of commercial trade. A relevant aspectof this position is that Brazil as a transitional economy could provide insights into governance systems in thedeveloping world, once Brazil´s actions could influence the policymaking in other emerging nations (Kesselmanet al., 2015, p399). As affirms Kelman (2015, p7) the blame game is further relevant in terms of determining theissues for which blame should be apportioned and it is specially relevant to Brazil. After all, the ClimateConvention reflects the recognition that the relative contribution of emerging countries to global ghg emissionswill grow to meet their social and development needs. In other words, Brazil´s ambitions, moving from adefensive position to an aggressive strategy, delivered by actions and based on achieved results, apparently, hasdemonstrated international leadership on environmental issues, notwithstanding time is still needed to observe ifspeeches and promises, as it has marked Brazil´s presence in international negotiations, will reflect in tangibleresults. Brazil´s International recognition may still have to be earned rather than being taken for granted.

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Commission concerning the invitations for comments sent by project proponents to the stakeholders involved,interested and/or affected by project activities under the Clean Development Mechanism and provides othermeasures. p6. http://www.mct.gov.br/upd_blob/0024/24683.pdf, accessed 05 May 2008

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