DF Brazil
On November 11, 2020, an Action for Non-Compliance with Fundamental Precept (ADPF 760) was filed by the political parties (PSB, Rede, PDT, Green Party, PT, PSOL and PCdoB) together with civil society organizations (APIB, Greenpeace, Conectas, Alana, Terrazul, Observatorio do CLIma, etc.), against the Federal Union and organs of the Federal Public Administration – IBAMA, ICMBio and FUNAI – for non-compliance with the Action Plan for the Prevention and Control of Deforestation in the Legal Amazon (PPCDAm).
This plan is provided for in the National Climate Change Policy (Law 12.187/2009) and its suspension is related to the violation of the fundamental right to an ecologically balanced environment, the rights of indigenous peoples, traditional communities, children and adolescents, and national and international climate goals.
The plaintiffs expressed concern about the intensification of deforestation in the Amazon and its adverse effects on Indigenous Lands and Conservation Units, warning of a “point of no return” for the ecosystem.
In the precautionary process, the effective execution of the State's public policy to combat deforestation in the Legal Amazon was requested, specifically the Action Plan for the Prevention and Control of Deforestation in the Legal Amazon (PPCDAm) to make it possible to comply with the climate objectives assumed by Brazil before the world community in international agreements and internalized by national legislation.
In its decision on these preliminary matters, the Court did not move in the direction of fulfilling the requests, but (1) published a decision in which it recognized the representativeness of the applicants as lawyers specifically trained for the purpose, (2) received different civil society organizations (CSOs) that formed a large coalition, which submitted various amicus curiae ; and (3) requested the Union and the competent federal bodies and entities to submit a plan for the effective and satisfactory implementation of the PPCDAm "with the measures to be adopted for the resumption of the control activities of environmental enforcement and the fight against crimes in the ecosystem, safeguarding the rights of indigenous peoples ."
The presiding minister indicated that the plan should contain a calendar with goals, objectives, deadlines, monitoring, budget allocation, and other information necessary for planning until December 2023. Since the plan was not submitted, the plaintiffs claimed that the federal government had not complied with the court order of the precautionary process, and filed a new request, reiterating their initial requests, but now at the stage of final judgment.
On December 1, 2023, in the absence of the federal plan, the applicants demanded the declaration of the “unconstitutional state of affairs” of Brazil with respect to the climate and the environment, in order to obtain directly from the jurisdictional protection (Judicial Power), the effective execution of the PPCDAm, the institutional strengthening of IBAMA, ICMBio and FUNAI, and the creation of an Emergency Commission for Monitoring, Transparency, Participation and Deliberation.
Given the similarity of the issues with ADO 54, the presiding judge decided to try both cases jointly. In her opinion, she affirmed that the right to a balanced environment is fundamental and emphasized the principle of prohibiting environmental regression. She noted the ongoing silent dismantling of the state's regulatory framework, the transnational nature of climate change, and three pillars for environmental policies: scientific support, international cooperation, and joint action by the state and society. Furthermore, she declared illegal deforestation unconstitutional and ordered the resumption of the PPCDAm (Program for the Prevention and Control of Environmental Damage).
Finally, in April 2024, the Court ruled partially in favor of the plaintiffs: it did not declare the situation unconstitutional, but it did acknowledge structural flaws in the policy for protecting the Legal Amazon. It determined that the Federal Government must adopt effective measures to combat illegal deforestation, strengthen government oversight bodies (IBAMA, ICMBio, and FUNAI), and ensure transparency in the reporting of information on actions and results to the CNJ's Observatory of the Environment and Climate Change.
The ruling was published on June 26, 2024, and the process is currently in the execution phase. This case belongs to a group of strategic litigation cases known in Brazil as the “green package” (“Green Guidelines”).
The votes explicitly mentioned the relationship between deforestation and climate change, climate justice, intergenerational justice, and the protection of vulnerable groups. They emphasized the need to guarantee fundamental environmental and climate rights, noting that deforestation jeopardizes the existence and biodiversity of the Amazon.
- Brazilian Socialist Party (PSB)
- Sustainability Network (Network)
- Democratic Labour Party (PDT)
- Green Party
- Workers' Party (PT)
- Socialism and Liberty Party (PSOL)
- Communist Party of Brazil (PCdoB)
- Federal Government (Union)
Brazil Brazil possesses 60% of the Amazon rainforest and approximately 20% of all terrestrial species on the planet; at the same time, it has become the country with the greatest loss of primary and native tropical forests in the world. Deforestation in Brazil increased by 51% during the first quarter of 2020, according to Brazil's National Institute for Space Research (INPE), with alerts in March rising by 29.9% compared to the same month in 2019. It has an Indigenous population of 896,917 people distributed among 305 ethnic groups, of whom approximately 502,783 live in rural areas and 315,180 in urban areas. Similarly, Brazil is considered the country with the largest known concentration of Indigenous peoples living in isolation. These characteristics make it highly vulnerable to the effects of climate change. The Amazon rainforest is the world's largest tropical rainforest, covering approximately 600 million hectares and forming an equatorial vegetation cover that spans roughly 49% of Brazilian territory. The rainforest contains one-fifth of the world's liquid freshwater, thanks to the Amazon River basin.
Rules and principles invoked
Articles 5, 170, 225 of the Constitution of Brazil (CRFB/88)
Environmental Crimes Act (Federal Law 9.605/1998)
National Environmental Policy - PNMA (Federal Law 6.938/1981)
Law of the National System of Conservation Units - SNUC. (Federal Law 9.985/2000)
International agreements/treaties
Paris Agreement (Federal Decree 9.073/2017)
ILO Convention 169
UNFCCC
Kyoto Protocol
National Environmental Policy - PNMA (Federal Law 6.938/1981)
Beginning
Principle of Prevention
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