DF Brazil
In January 2022, the political party Rede Sustentabilidade (Rede) filed an Action for Non-Compliance with Fundamental Precept (ADPF) with a request for precautionary measures against the Government of Brazil, due to the omission of allocating resources to the National Institute of Space Research (INPE), as well as for lack of monitoring of deforestation in the "Cerrado" ecoregion in Brazil.
The Cerrado Deforestation Monitoring Program (PRODES) measures the loss of vegetation cover annually using satellite imagery. The Cerrado is a tropical savanna with high biodiversity that faces serious threats from agricultural expansion, raising concerns about its conservation and its impact on Brazil's water cycle and biodiversity.
Rede Sustentabilidade (Rede) argues that the Federal Government's conduct violates constitutional precepts, rights, and the precautionary principle. As a precautionary measure, it requested that the Federal Government be ordered to take the necessary steps to demonstrate the allocation and disbursement of sufficient funds for the PRODES Cerrado project. It also requested that the action be admitted and the precautionary measure upheld, in order to recognize the unconstitutionality of the Federal Government's action in preventing the monitoring of the Cerrado biome due to a lack of resources at INPE (National Penitentiary Institute).
This lawsuit highlights the high percentage of deforestation in the Cerrado ecoregion and the large number of fires monitored by INPE in 2021, which is linked to the expansion of the agricultural and livestock frontier in the biome. It emphasizes the importance of the Cerrado for biodiversity preservation and for social aspects, given that Indigenous, Quilombola, Geraizeira, riverine, Babaçueira, and Vazanteira populations depend on the biome's resources. Furthermore, it underscores its relevance to water distribution in the country, as the Cerrado contributes to the flow of important river basins. The party also highlighted that the biome stores 13.7 billion tons of carbon dioxide and that continued destruction would lead to increased greenhouse gas (GHG) emissions, hindering Brazil's ability to meet the international climate goals it has committed to under the Conventions on Climate Change and Biodiversity. In this sense, the monitoring carried out by INPE is essential for the country to be able to comply with its information obligations within the framework of these agreements.
This case belongs to a group of strategic litigation cases known in Brazil as the “green package” (“Green Guide”).
- Sustainability Network (Network)
- Federal Union
The Cerrado is the second largest biome in the country and occupies 25% of Brazilian territory, which is equivalent to approximately 2 million km². It is present in the states of Goiás, Tocantins, Mato Grosso do Sul, southern Mato Grosso, western Minas Gerais, northern and central São Paulo, the Federal District, western Bahia, southern Maranhão, western Piauí, as well as small fragments (enclaves) in Paraná, Amapá, Rondônia and even in the state of Amazonas, where many believe only the Amazon Rainforest exists.
The Cerrado biome is considered a hotspot for conservation and restoration due to its high concentration of endemic species—species found only in the Cerrado—and the high degree of threat to its habitats. The Cerrado also encompasses the headwaters of South America's three largest river basins (Amazon/Tocantins, São Francisco, and Plata), highlighting its importance for water resource security and biodiversity.
Currently, only 35% of the biome's vegetation can be considered natural or non-anthropogenic, meaning without direct human interference. The Cerrado wetlands are threatened by climate change, grazing, drainage, deforestation, and changes in land use, all of which affect the region's water regime.
Articles 5, 170, 225 of the Constitution of Brazil (CRFB/88)
Paris Agreement (Federal Decree 9.073/2017)
UNFCCC
Law of the National System of Conservation Units - SNUC. (Federal Law 9,985/2000)
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