Climate Litigation Cases in Latin America and the Caribbean

Political parties filed an Allegation of Non-Compliance with the Fundamental Precept (ADPF, for its acronym in Portuguese) before the Supreme Federal Court through which they demanded the "Non-operation of the Climate Change Fund" by the Federal Government (the Union).

Political parties filed an Allegation of Noncompliance with the Fundamental Precept (ADPF, for its acronym in Portuguese) against the Union, given that it has not adopted urgent measures aimed at effectively combating deforestation in the legal Amazon and the climate emergency.

In August 2023, a Direct Action of Unconstitutionality (ADI) with a request for precautionary measures was filed by the Rede Sustentabilidade party, accompanied by six civil society organizations as signatories, before the Supreme Federal Court of Brazil. The action challenges the constitutionality of articles of State Law No. 18.104/2013 (Goiás Forestry Code) and State Law No.

The Pinheiro/Braskem case became known after an earthquake in March 2018 in Maceió (Alagoas state), which caused cracks, sinkholes, and craters in the neighborhoods of Pinheiro, Mutange, Bebedouro, and Bom Parto. Initially, hypotheses about failures in the sewer system or natural ground movements were considered.

A Direct Action of Unconstitutionality (ADI) with a request for precautionary measures was filed by the Rede Sustentabilidade (Rede) party, along with a request for the admission of the Arayara International Institute of Education and Culture (Arayara International Institute) as amicus curiae . The lawsuit challenges the constitutionality of State Law 18.330/2022, which establishes the State Policy for a Just Energy Transition and the Just Energy Transition Hub of Southern Santa Catarina State.

This is a Direct Action of Unconstitutionality (ADI) with a request for precautionary measures, filed by the Democratic Renewal Party (PRD) before the Supreme Federal Court (STF). The action challenges several articles of Federal Law No. 13,576/2017, which establishes the National Biofuels Policy (RenovaBio), as well as provisions of Decree No. 9,888/2019, ANP Resolution No. 791/2019, and Normative Ordinance No. 56/2022 of the Ministry of Mines and Energy.

The Democratic Labor Party (PDT) filed a Direct Action of Unconstitutionality (ADI) with Brazil's Supreme Federal Court against several articles of Federal Law No. 13,576/2017, which established the National Biofuels Policy (RenovaBio). The party argues that the law is formally and materially unconstitutional.

The Brazilian Social Democracy Party (PSDB) filed a Fundamental Rights Action (ADPF) with a request for an injunction before the Supreme Federal Court (STF). The action sought to correct alleged unconstitutional omissions and inaction by the Federal Public Power that had paralyzed the paving policy for the BR-319 highway, located in the northern region of the country, between Amazonas and Rondônia.

This case concerns an ordinary action with a request for preliminary injunction filed by the Brazilian Association of Thermoelectric Power Generators (ABRAGET) against the State of Rio de Janeiro, seeking to prevent the application of State Decree No. 41,318/2008, which created the Energy Compensation Mechanism (ECM) as an additional condition in the environmental licensing processes for fossil fuel-fired thermoelectric power plants. The decree is part of the State's Greenhouse Gas Emissions Reduction Plan.

The Climate Observatory filed a Public Civil Action (ACP) against IBAMA and DNIT, requesting the annulment of Prior License (LP) No. 672/2022, issued for the reconstruction and paving of the “central section” of the BR-319 highway (km 250.7 to km 656.4), in the heart of the Amazon. The organization argues that the paving would reactivate historical dynamics of deforestation, land grabbing (grilagem), agricultural expansion, and pressure on public lands, as occurred in the 1970s and 1980s with the BR-163 and BR-230 highways.