Climate change and the public sector

The role of resilient infrastructure in disaster prevention.  

By Diego Fernandes and Carolina Pazzoti, Campos Mello Advogados in cooperation with DLA Piper  

Recent climate events in Rio Grande do Sul have exposed the serious impacts that the advance of climate change can bring, with human losses and significant material damage. Although this event is alarming, it is part of a broader scenario of climate vulnerability throughout Brazil.

A recurring theme in the debate on climate disasters is the adaptation of cities to this new reality, which involves resilient infrastructures, buildings designed to withstand adverse conditions, such as efficient drainage systems, permeable pavements and elevated buildings, which help prevent flooding and minimize the damage caused by extreme events. At the international level, this topic is addressed by the 2030 Agenda and the Sustainable Development Goals (SDGs), especially SDG 9 (industry, innovation and infrastructure) and SDG 11 (sustainable cities and communities), which provide guidelines for integrating climate resilience into administrative practices, aiming to create safer communities that are adaptable to climate change.

As part of broader urban planning, public administration can promote this approach in a number of ways, such as through public procurement, including sustainability and resilience criteria in bidding documents. This would ensure that companies contracted by the public sector use appropriate materials and techniques to cope with the effects of climate change, such as storms and floods. Adapting public procurement also allows for the adoption of innovative and sustainable technologies, encouraging safer and more durable construction standards.

Internal and external scenarios

In Brazil, there are already regulations that allow public administration to act proactively. The constitutional principle of efficiency, for example, requires public administration to adopt solutions that maximize benefits at the lowest possible cost. Resilient infrastructures ensure greater efficiency by reducing costs with frequent repairs and increasing the durability of works, making them more economical solutions in the long term. The principle of sustainable national development, included in the new Procurement Law, is another example of a regulation that guides public managers to prioritize materials and practices that respect the environment, ensuring that public contracts contribute to sustainability.
In the context of climate change, applying these principles means designing and building infrastructures that respond to new environmental realities. Although the initial cost of such works may be higher, their durability and long-term protection capacity justify the investment.

Despite these legal provisions, which are still based mainly on general principles, Brazil is at the beginning of this journey. Regarding the implementation of the SDGs, the country is still in the process of developing its Climate Plan, which will define guidelines for national climate policy until 2035. In the legislature, some bills address the adoption of the SDGs by entities that receive public funds, in addition to providing budgetary rules for disaster prevention, with the implementation of resilient infrastructures.

At the federal level, the New PAC, launched in 2023, allocates resources to Sustainable and Resilient Cities, encompassing areas such as sanitation, solid waste management, and disaster prevention through slope containment and urban drainage. These initiatives demonstrate that the Brazilian public sector can (or should) play a central role in promoting resilient infrastructure, although its adoption as a rule for public procurement still seems far off.

Around the world, countries such as Belgium are already making progress towards requiring reliable services in the face of climate impacts in public contracts. However, according to the OECD, in a 2017 study, the Belgian example is still not widely followed in the European Union, concluding that few countries widely incorporate climate resilience into their public contracts, despite the growing trend of “green purchasing”.
Future
The tragic events in Rio Grande do Sul should serve as a wake-up call for public authorities to adopt resilient infrastructure as a central priority. The human and material losses show that climate challenges are urgent and require more than ad hoc responses; it is necessary to plan and build with resilience in mind.

Data from the Digital Atlas of Disasters in Brazil shows that, between 2014 and 2023, 83% of the country’s municipalities were affected by events resulting from climate change, generating losses of more than R$421 billion, 1.5 million homes damaged and almost 5 million people directly affected. The AdaptaBrasil platform also reveals that more than half of the municipalities are highly vulnerable to disasters, such as floods and landslides, while 48% have little capacity to deal with droughts.

These data reinforce the need for adapted infrastructures that can withstand and protect cities. By including sustainability and resilience criteria in public procurement, the public sector can not only reduce future repair costs, but also fulfill its constitutional role of efficiency and environmental protection.

Implementing the guidelines of the Sustainable Development Goals (SDGs), such as SDG 9 and SDG 11, and advancing programs such as the New PAC, are important steps, but these principles need to be put into practice. Investing in resilient infrastructure is investing in security, economy and well-being for future generations.

To address climate change, Brazil needs coordinated action that involves all levels of government and fosters partnerships with the private sector. Only then will it be possible to make resilience a priority, promoting cities that are truly prepared for the challenges of the future.