Air pollution in Curitiba. Urgent institutional redesign of the governments to tackle climate change and rising temperatures

Ericson M. Scorsim . Lawyer and Consultant in Public Law. PhD in Law from the University of S?o Paulo.

?Curitiba is severely impacted by air pollution.

According to information from the IQAir website , on September 9, the air particle index was recorded at a magnitude of 16.4 times higher than the maximum acceptable parameter for human health. On September 10, the same website recorded 12 times higher than the acceptable parameter for human health. On September 11, it was recorded at 14.6 times higher than the acceptable level for human health. On september 12,? it was recorded at 8,9 times higher than the acceptable level for health.

In short, the air quality is terrible in the city. Other Brazilian cities are being impacted by air pollution. According to information released by the media, smoke from fires in the Pantanal and Amazon regions has reached several states and cities. The lack of humidity in the air has increased the risk of fires, as well as burning processes to prepare the soil for planting.

Without rain, air quality gets worse day by day. For historical reasons, decades ago, Curitiba was considered a city of drizzle because it rained a lot. Curitiba was also considered a cold city, even during the winter. Today, the climate is drier and there is less rain. Urgent measures are needed in cities throughout the country.

Other cities have successfully tackled the issue of air pollution. London, in the last century, had to deal with the problem of industrial pollution caused by smoke from industries. It adopted strong legislation and measures to combat pollution and solved the smoke problem. The State of California has had programs to prevent and control air pollution for decades.

The Supreme Federal Court ordered the federal government to adopt, within 90 (ninety) days, a fire prevention and fighting plan, demonstrating a plan to recover the operational capacity of the national system for preventing and fighting forest fires in the Pantanal and Amazon regions, including determining the increase in the number of firefighters to fight fires, as well as presenting data on authorizations for the removal of vegetation and presenting reports every six months on actions and results achieved.

The decision was adopted in the context of the trial of the Claims of Non-Compliance with Fundamental Precept Ns. 743, 746 and 857 presented by several political parties. The allegations of the petitions highlighted the omissions of the public authorities regarding environmental management, especially the omissions of the state governments. In ADPF No. 743/DF, the Supreme Federal Court highlighted:

“the right to a healthy environment is also recognized outside the country as a condition for the protection of other rights, such as life, health, food security and access to water”.

Several states are participating as interested parties. The determination of the responsibilities of those involved in the fires was also discussed, for the purposes of criminal liability. In ADPF ?n. 746, the object is the protection of fauna, affected by the fires. As a historical record, the Supreme Federal Court, when judging the Direct Action of Unconstitutionality against Resolution No. 451, of 2018,? The National Environmental Council highlighted that the act was on the verge of becoming unconstitutional because it adopted an air quality protection standard that was inferior to the air quality standard recommended by the World Health Organization. In short, the issue of air quality is essential for public debate and raising awareness among the population about its importance for life, health and the environment. There is no healthy environment without air quality. There is no human health without environmental health. Below are some measures to contribute to the improvement of environmental practices for protecting air quality, ?the environment and the health.

?First urgent measure : Institutional reforms for environmental protection and security. Urgent reform of institutions and governments. ?It is essential to implement a federative pact to mitigate the adverse effects of climate change and rising temperatures. Federal, state and municipal governments must adopt a new institutional model, adapted to the complexity of climate change. In this context, the scenario is one of urgency and emergency, hence the need for speed and scale, to protect the environment and the health of the population. A situation of merely reacting to crises is unacceptable; it is essential to anticipate measures to avoid the culmination of the environmental and public health crisis. Second urgent measure. Public investment in civil defense and fire department services. Urgent public investment in civil defense systems, fire departments and public health services. Also, investment in air quality monitoring systems, with the deployment of monitoring stations throughout the city. Another investment in the large-scale use of sensors, artificial intelligence and satellite images for real-time data collection.

Third measure . Raising awareness among the population about the harmful effects on health caused by air pollution. To promote equity in environmental health. ?Contributions of the media and social networks to environmental education and health education. Raising awareness, sensitizing, and mobilizing the population about the importance of the interconnection between human health and environmental health. Large-scale environmental education and health education for measures to prevent the adverse effects of air pollution. Also, to promote actions for equity in environmental healthy, and social justice,? to prevent excessive dammages and costs in certains groups of society.?

Fourth measure : Encourage clean, healthy and sustainable technologies. Federal, state and municipal governments have encouraged the use of clean, healthy and sustainable technologies to prevent the escalation of air pollution. Governments must also? encourage the population to use technologies to monitor air quality, such as air purifiers and humidifiers.

Fifth measure : Strictly and effectively apply the Criminal Law to punish those responsible for environmental crimes. Environmental criminal legislation must be applied to punish those responsible for environmental crimes that cause fires.

?Sixth measure. Classify the crime of ecocide. Another point is the debate and classification of the crime of ecocide , that is, the destruction and/or degradation of the environment that causes significant risk to the life and health of the population.

Seventh measure. Classify the conduct of environmental administrative misconduct. Define in law the conduct of a public agent whose conduct or omission directly or indirectly causes significant destruction or degradation of the environment .

Eighth measure . Environmental Popular Action. Update the legislation on popular action to include the right of any citizen to file an environmental popular action to defend the environment, environmental health, and prevent the destruction or degradation of environmental quality. In conclusion, there are serious structural flaws in federal, state, and municipal governments regarding environmental management. All governments have obligations to respect the fundamental rights and environmental rights of present and future generations. Environmental responsibility is a duty of all, public bodies and the population. Nine measure. To prepare the cities with effective measures to manage environmental crise, including actions to urban reform in direction for environmental sustainability and sustainable development, such areas free from carbon emissions or low emission areas. ??Ten measure. To apply the polluters-pay principle, in large scale, through taxes and another actions.

Crédito de imagem: Google.