FGV to testify to Ecuador’s Constitutional Court as impartial advisor in environmental lawsuit
FGV will provide the court with recommendations formulated to prevent, mitigate and repair disaster-related damage.
The FGV Sao Paulo Law School’s Center for Access to Justice, Process and Dispute Resolution Means (Najupmesc) is set to testify as an impartial advisor to the Constitutional Court of Ecuador in Extraordinary Appeal 1489-21, which involves a crude oil and gasoline spill that occurred in 2020 on the banks of the Napo and Coca rivers in the Ecuadorian Amazon.
Najupmesc’s Access to Justice, Disasters and Climate Change Research Group has written an expert statement, which it hopes will provide valuable insights and help enrich the court’s decision making.
In 2023, the group dedicated itself to drawing up a report titled “Protocol on Access to Justice and Disasters: Recommendations for the Justice System’s Action in Disaster Cases,” setting out recommendations and proposed minimum guidelines to be adopted in disaster prevention, response, reconstruction and repair of damage.
These recommendations are based on cross-cutting principles of addressing vulnerabilities, prevention and a localized approach to disaster risk mapping and management.
When analyzing Lawsuit 22281-2020-00201, the group found a series of issues related to the recommendations and guidelines proposed in its protocol, in terms of assessing the issues raised by the appellants and ensuring adequate reparations for the victims of the pipeline oil spill.
The group is made up of researchers from various areas of law and related fields. Its research and other activities focus on disaster law, risk management, litigation, climate justice and efforts to ensure the participation and decision-making centrality of affected people.
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