DF Brasília Brazil
Direct Action of Unconstitutionality (ADI) 7146 was filed by the PT, PSB, PSOL, and Rede Sustentabilidade parties before the Supreme Federal Court of Brazil, challenging Federal Law No. 14,285/2021, which modifies the protection regime for Permanent Preservation Areas (APPs) in urban zones. This law transfers to municipalities and the Federal District the authority to define protection zones along urban waterways, in contravention of the minimum limits established by the Forest Code (Law No. 12,651/2012).
The plaintiffs argue that the law is materially unconstitutional because it violates (i) the constitutional framework for the distribution of environmental powers (Articles 24, VI-VIII, and 30, II), (ii) the fundamental right to a balanced environment (Article 225), and (iii) the duty of public authorities to protect the environment (Articles 225 and 23, VI-VII). They also maintain that the law violates the principles of prevention, precaution, non-regression in environmental matters, and ecological integrity by allowing for a "municipalization" that fragments environmental protection, disrupts the ecological coherence of watersheds, and weakens the national conservation system. The central argument emphasizes that the relaxation of regulations governing urban Public-Private Partnerships (PPPs) not only represents a regulatory setback but also increases vulnerability to climate disasters, such as floods and landslides, which are exacerbated by the intensification of extreme events associated with climate change. Public-private partnerships (PPPs) fulfill essential ecological functions: they protect waterways, prevent erosion, and assist in environmental risk management. Reducing them would compromise the safety and well-being of the urban population. The parties are requesting the precautionary suspension of the effects of Law 14.285/2021 until the final judgment, maintaining the previous protection parameters of the Forestry Code. Essentially, they are requesting a declaration of unconstitutionality, or alternatively, an interpretation consistent with the Constitution that prevents the reduction of minimum protection standards. Given the importance of the matter, the Court adopted an expedited procedure to decide the merits of the case.
The plaintiffs argue that the law represents an environmental and climate setback by allowing municipalities and the Federal District to define the boundaries of buffer zones around urban waterways without respecting the minimum parameters established by the Forest Code (Law No. 12,651/2012). They contend that this relaxation of regulations increases the climate vulnerability of Brazilian cities to extreme events such as floods, landslides, and water shortages, which are exacerbated by climate change.
Urban protected areas play a vital role in climate adaptation, acting as natural barriers against environmental disasters, regulating water flow, preventing soil erosion, and mitigating the effects of heavy rainfall. Reducing their protection weakens the capacity of ecosystems to absorb climate impacts and directly affects water security and public health in urban populations. The parties also invoke the precautionary principle, arguing that in the context of a global environmental emergency, any legislative measure must prioritize the prevention of irreversible damage.
The lawsuit argues that Law No. 14.285/2021 violates the precautionary principle by promoting the occupation of riverbanks and high-risk areas, thereby increasing the likelihood of socio-environmental tragedies like those recently recorded in southern and southeastern states. Furthermore, the lawsuit asserts that the law contradicts Brazil's international commitments under the Paris Agreement (2015) by weakening essential instruments for climate change mitigation and adaptation, reducing urban resilience, and jeopardizing national emissions reduction and ecosystem protection targets. In short, the plaintiffs maintain that the law represents a setback in Brazilian climate and environmental policy by fragmenting ecological governance and allowing local decisions disconnected from the systemic balance of river basins. This regulatory weakening, they argue, exacerbates climate and social risks, violating Article 225 of the Federal Constitution, which enshrines the right to a balanced environment as a fundamental right and a condition for human survival.
- Workers' Party (PT)
- Brazilian Socialist Party (PSB)
- Socialism and Liberty Party (PSOL)
- Sustainability Network (Network)
- National Congress
- President of the Republic
The action pertains to urban areas throughout Brazil, as Federal Law No. 14.285/2021 allows each municipality and the Federal District to define, on their own, the dimensions of Permanent Preservation Areas (APPs) around rivers, streams, and other waterways located in urbanized areas. Therefore, although it does not cover a single, clearly defined territory, the lawsuit seeks to protect all urban areas where APPs fulfill essential ecological functions.
Urban Public-Private Partnerships (PPPs) play a key role in water security, disaster prevention, soil stabilization, flood control, and biodiversity protection. These areas are especially vulnerable due to increasing soil impermeability, the rise in construction in high-risk areas, and the greater incidence of extreme weather events related to climate change, such as heavy rainfall and landslides. The communities inhabiting these territories include urban populations of diverse socioeconomic backgrounds, but the most vulnerable groups—such as low-income families, favela residents, and communities living in marginalized areas or informal settlements—are the most affected by floods, river overflows, and landslides, as they are often located in high-risk areas or near bodies of water. This action seeks to protect these communities, as well as urban ecosystems, by preventing the relaxation of PPP regulations from leading to irregular occupations, the reduction of green spaces, deforestation of riverbanks, and the weakening of the natural infrastructure that protects cities from climate disasters. In essence, the demand aims to ensure a minimum national standard of environmental and climate protection throughout the Brazilian urban territory.
International agreements/treaties
- Paris Agreement and UNFCCC
National laws
- Federal Constitution
- Forest Code (Federal Law No. 12,651/2012)
- National Policy on Civil Protection and Defense (Law No. 12,608/2012)
- National Climate Change Policy (Law No. 12.187/2009)
Beginning
- Principle of prevention
- Precautionary principle
- Principle of non-regression in the environment
- Principle of prohibition of insufficient protection
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