Subnational constitutionalism and the fundamental right to climate security:

a debate from the “Climate PEC” of the State of Roraima

Abstract

In August 2024, in Roraima, north of Brazil, an amendment to the State Constitution was proposed to include the “right to climate security” in the index of fundamental rights, as well as to establish a fundamental climate duty in favor of mitigation and adaptation measures. This proposal to include the climate issue in a state constitutional text is an innovative initiative in the Brazilian federation, and raises important debates on the effectiveness of subnational constitutionalism and the existence of state fundamental rights, in addition to highlighting that issues such as the global climate emergency can and should be addressed locally and regionally. Based on the so-called “Climate PEC” of Roraima, this article aims to discuss the importance of recognizing a “fundamental right to climate security”, especially in subnational constitutionalism, to address climate change at the regional level. As a result, the work indicates that the constitutionalization of “climate security” can have a positive impact on Roraima's climate policy, considering the objective and subjective aspects of fundamental rights. In any case, this new fundamental right brings to light a legal concept that is still undetermined. Therefore, the authors argue, as one of the main conclusions of this work, that an aspect of ecological security should be prioritized as the essential core of the right to climate security. The article was prepared using bibliographic and documentary research techniques, exploring both national and foreign literature as well as federal and state legislation.