DF Brasília Brazil
The Socialism and Liberty Party (PSOL) filed an Action for Noncompliance with Fundamental Precept (ADPF) with a request for precautionary measures, against the Federal Union and the State of São Paulo, due to omissions and commissions that violate the constitutional duty to protect the Cerrado and Mata Atlântica biomes, seriously affected by the forest fires that occurred in 2024.
The PSOL argued that the state is experiencing a climate and forestry crisis resulting from the dismantling of environmental policies, the inefficiency of public authorities, and the reduction of resources allocated to fire prevention and suppression. They denounced São Paulo for having some of the worst air quality in Brazil and for the fact that most of its municipalities lack civil defense structures or disaster response plans.
The lawsuit underscores the essential role of the Cerrado and the Atlantic Forest in supplying water to Brazil and South America, warning that their destruction increases climate risk, compromises the Sustainable Development Goals (SDGs), and violates fundamental rights such as life, health, and physical integrity, in addition to the precautionary principle and the prohibition of environmental rollback.
In a precautionary measure, the PSOL requested that the federal and state governments be ordered to submit technical and scientific reports, as well as implement administrative and financial measures to prevent and combat fires in 2025.
Justice Flávio Dino, in an individual decision later unanimously upheld by the full Supreme Federal Court (STF), recognized the climate emergency as an unprecedented global threat and noted the environmental vulnerability of São Paulo. He determined that the authorities must strengthen environmental oversight and control, and ordered the submission of reports on:
(i) the environmental budget execution for 2023 and 2024;
(ii) the fire use authorizations granted by CETESB;
(iii) the conservation status of protected areas under the responsibility of SEMIL and the Ministry of Agriculture; and
(iv) the progress of the Environmental Recovery Program (PRA - Agro-Legal).
The STF, unanimously, partially ratified the precautionary measure, consolidating a relevant precedent in matters of state climate responsibility and active protection of biomes against the climate crisis.
The PSOL based its action on the existence of a structural climate and environmental crisis in the State of São Paulo, evidenced by the waves of fires and the degradation of the Cerrado and Atlantic Forest biomes during 2024. It alleged that public authorities were negligent and omitted in their duty to protect these essential ecosystems, which aggravates the effects of climate change and generates direct consequences on the health, access to water and quality of life of the population.
The party argued that the dismantling of environmental management, budget cuts, and the absence of effective fire prevention policies violate the precautionary principle, the principle of non-regression in environmental matters, and the constitutional right to a balanced environment (Article 225 of the Federal Constitution). It maintained that the destruction of the Cerrado and the Atlantic Forest—key biomes for water and climate regulation in Brazil and South America—increases the risk of droughts, biodiversity loss, and atmospheric disturbances, affecting the country's ecological resilience and climate security.
In his ruling, Justice Flávio Dino explicitly acknowledged the existence of an unprecedented global climate emergency, noting that state omissions in environmental matters have cumulative impacts on biomes, air quality, and the living conditions of the population of São Paulo. The Supreme Federal Court (STF) affirmed that climate action is a shared constitutional duty among the federal entities and that inaction in the face of climate threats violates fundamental rights, especially the rights to life, health, and a healthy environment.
Therefore, the Court determined concrete measures to strengthen environmental oversight and accountability: requiring reports on public environmental spending, the authorized use of fire, and the status of protected areas. The decision reinforced the understanding that the climate crisis demands immediate institutional responses, linking climate protection with the fulfillment of fundamental rights and the international commitments undertaken by Brazil.
- Socialism and Liberty Party (PSOL)
- Federal Union
- State of São Paulo
The action pertains to the territory of the State of São Paulo, home to two fundamental biomes: the Cerrado and the Atlantic Forest. These ecosystems are recognized for their high biodiversity and their essential role in regulating the country's climate and water resources. The Cerrado acts as a large natural sponge, feeding Brazil's main rivers—such as the São Francisco, the Paraná, and the Tocantins—while the Atlantic Forest contributes to rainfall, regional climate stability, and soil protection.
In the territory of Paulista, these biomes have suffered intense deforestation and fragmentation, aggravated by the heat waves, fires and extreme droughts recorded in 2024. The rural areas of the interior, especially in regions such as Vale do Paraíba, the west and northwest of the state, have been severely affected by the outbreaks of fire that destroy grasslands, legal reserves and edges of protected areas.
The rural, farming, and Indigenous communities that inhabit these territories depend directly on natural resources for their livelihoods. Fires and the loss of vegetation jeopardize their livelihoods, access to water, and air quality. In urban areas, air pollution from fires has led to an increase in respiratory illnesses, particularly affecting children, the elderly, and vulnerable populations.
PSOL's action seeks to protect both threatened ecosystems and the human populations that depend on them, promoting an institutional response to the climate and environmental crisis in São Paulo.
National laws
- Constitution of the Federal Republic of Brazil
- State Constitution of Sau Paolo
Beginning
- Precautionary principle
- Principle of non-regression.
This record was created using publicly available information. If you have information about this case or would like to suggest updates or corrections, please click here .