LEGAL AND CONSTITUTIONAL PRINCIPLES IN THE MUNICIPAL LEGISLATURE FOR SUSTAINABLE CLIMATE POLICIES

Abstract

Climate change poses a global challenge that demands coordinated actions across all levels of government, including the municipal level. This article analyzes the legal and constitutional principles underpinning the development of sustainable climate laws and policies by Brazilian municipal legislatures, focusing on mitigation and adaptation strategies. Through a systematic literature review grounded in doctrine, jurisprudence, and regulations such as the 1988 Federal Constitution of Brazil (CF/1988), the study explores Articles 225 (right to an ecologically balanced environment), 23, and 30 (federative competencies), examining principles such as sustainability, prevention, and polluter-pays. The analysis highlights how municipal autonomy, integrated into cooperative federalism, enables legislation on urban planning, renewable energy, and resilience to extreme weather events. Examples from Brazilian cities, such as São Paulo and Recife, illustrate practical applications, while international influences, such as the Paris Agreement, reinforce the legitimacy of these actions. However, challenges such as budgetary constraints and jurisdictional conflicts persist. The findings identify gaps in local implementation and suggest reforms to strengthen municipal legislative capacity. This work contributes to the debate on multilevel climate governance, providing insights for more effective local policies aligned with global commitments.