The Brazilian prosecution service and Instituto Preservar filed a civil public lawsuit against Shell, seeking 540 million reais—equivalent to 108 million dollars—in material and moral damages. The legal action targets the energy major’s historical and ongoing greenhouse gas emissions linked to the extreme climate event that struck Rio Grande do Sul between April and May 2024.
A Landmark Legal Challenge in Rio Grande do Sul
The lawsuit marks a notable escalation in climate litigation. Maria Antonia Tigre of the Sabin Center for Climate Change Law at Columbia University told AFP that this instance represents the first time a national prosecutor has sued a major oil company for a climate catastrophe.
The public ministry structured the civil action around corporate accountability for environmental and climate damage. According to the prosecution, Shell holds responsibility for collective moral and material damages due to its contribution to global greenhouse gas emissions through the exploration, production, and commercialization of fossil fuels.
“The costs of climate damages should not be assumed only by society and those who have lost everything in the tragedy. The major polluters, who contribute significantly to greenhouse gas emissions and climate change, must also be held responsible for the losses that they contribute to cause,” Instituto Preservar lawyer Thales Miola stated in comments provided to AFP.
The prosecution’s financial breakdown splits the demand evenly. The public ministry requests 270 million reais in compensation for environmental and moral damages, alongside an identical 270 million reais for material damages. AFP sought comment from Shell’s Brazilian subsidiary, which did not immediately respond.
Global Precedents and Transnational Lawsuits
The Brazilian action joins a growing wave of international climate lawsuits attempting to hold major polluters financially liable for climate change impacts. These legal battles span multiple jurisdictions and affect several multinational energy and industrial firms.
German courts validated a foundational legal principle in this domain last year during the case brought by Peruvian farmer Saul Luciano Lliuya against German energy firm RWE. While the judges ultimately declined specific payouts in that individual file, the ruling established a pathway for subsequent complaints.
Similar transnational legal actions target multiple corporations worldwide. Shell faces a lawsuit in the United Kingdom filed by victims of Typhoon Odette, which struck the Philippines in 2021. In Switzerland, cement producer Holcim faces legal action from four residents of Pari, an Indonesian island affected by rising sea levels. Meanwhile, RWE and German cement maker Heidelberg Materials face separate lawsuits brought by Pakistani farmers impacted by catastrophic floods in 2022.
| Company | Jurisdiction | Claimants | Trigger Event |
|---|---|---|---|
| Shell | Brazil | Prosecutors & Instituto Preservar | Rio Grande do Sul Floods (2024) |
| Shell | United Kingdom | Philippine typhoon victims | Typhoon Odette (2021) |
| Holcim | Switzerland | Indonesian island residents | Sea level rise (Pari Island) |
| RWE / Heidelberg Materials | Germany | Pakistani farmers | Catastrophic Floods (2022) |
The progression of these cases tests whether courts will attribute localized disaster losses to global corporate emissions. As litigation advances across Brazil, Europe, and the UK, the defense responses from targeted energy majors remain pending in several jurisdictions.
