SC Florianópolis Brazil
This is a Public Civil Action (ACP) filed by the organizations Costa Legal, UFECO, and the Pachamama Association, with legal support from GPDA and OJE/UFSC. Subsequently, the Federal Public Prosecutor's Office (MPF), the Public Prosecutor's Office of the State of Santa Catarina (MPSC), and the National Association of People Affected by Dams (ANAB) joined the action. The lawsuit is directed against the Municipality of Florianópolis, FLORAM, the State of Santa Catarina, IMA/SC, CASAN, and ARESC, seeking to establish a socio-ecological governance system for the protection, control, monitoring, and oversight of the ecological integrity of the Concepción Lagoon in Florianópolis.
The authors argue that Laguna de Concepción is a subject of ecological rights, whose deterioration is a consequence of “organized irresponsibility” among public entities, creating an unconstitutional state of affairs. They emphasize that the lagoon is part of a mosaic of dunes, sandbars, and forests within the Atlantic Forest biome, essential for the climate resilience of ecosystems and local communities. They underscore the ecosystem services it provides—especially in the face of climate change impacts—and the sociocultural importance of the territory, whose preservation depends on the quality of its waters. The authors warn of urgent risks of ecological collapse stemming from the structural inefficiency of public management.
The ACP requests, among other points: (i) recognition of legitimacy to defend the Lagoa's own rights; (ii) creation of the Lagoa da Conceição Judicial Protection Chamber (CJ-PLC) as a structural body; (iii) preparation of the Judicial Protection Plan; (iv) establishment of a Permanent Protection Chamber; and (v) declaration of the Lagoa as a natural entity holding rights.
The judge of first instance granted the precautionary measure, creating the CJ-PLC and admitting MPF and MPSC to the active pole. However, in the Instrumental Grievances filed by the State and CASAN, the Federal Regional Court of the 4th Region determined that the CJ-PLC would have an exclusively consultative character, without decision-making power or use of public resources, an understanding later confirmed in the acordãos.
In the original action, the defendant entities filed various responses, alleging lack of jurisdiction of the Federal Courts, lack of standing to be sued, separation of powers, non-existence of an unconstitutional state of affairs, and lis pendens. After the conciliation hearing, the internal regulations of the CJ-PLC were approved.
In October 2024, the judge granted preliminary injunction, ordering urgent environmental recovery measures: implementation of the Lagoa Viva Project, creation of a native species nursery, and reactivation of the Trato pela Lagoa Program, with a 60-day deadline and a fine for non-compliance. CASAN filed an appeal, and in November 2024, the TRF4 granted a stay of execution, stating that the decision had exceeded the initial request and was based solely on proposals from some members of the CJ-PLC. The appeal against this stay is still pending.
In the Public Civil Action, the plaintiff organizations argued that Lagoa da Conceição plays an essential role in Florianópolis' climate resilience, acting as a socio-ecological system whose integrity is fundamental in the face of rising global temperatures and the impacts associated with the climate crisis. According to the lawsuit, the lagoon and its complex ecosystem—comprising dunes, sandbars, mangroves, and areas of Atlantic Forest—perform indispensable ecological functions for hydrological regulation, thermal balance, biodiversity, and the protection of vulnerable communities from extreme weather events.
The authors argued that the progressive degradation of the ecosystem compromises the adaptive capacity of both the environment and the human populations that depend on it, directly impacting water security, public health, and traditional ways of life. They pointed out that the ecosystem services provided by the Lagoa—such as nutrient filtration, carbon storage, aquifer recharge, and flood mitigation—are key elements for mitigating and adapting to the effects of climate change. Its deterioration, due to state negligence and a lack of governance, would intensify the region's climate vulnerability.
The ACP also argued that the lack of an integrated and effective management policy fosters processes such as eutrophication, pollution from sewage effluents, and loss of vegetation cover—factors that exacerbate water instability and reduce the system's resilience to more extreme climate scenarios. Thus, the inaction of public entities contributes to an unconstitutional socio-environmental state of affairs, incapable of addressing current climate challenges.
In analyzing the initial petition, the Court acknowledged that the Lagoa is subject to serious and imminent risks of degradation, which could cause irreversible damage in the context of a climate emergency. By creating the Judicial Chamber for Protection (CJ-PLC), the judge emphasized the need to adopt structural measures to improve the ecological adaptability of the lagoon system, reducing environmental stresses that could be exacerbated by the climate crisis.
In the October 2024 decision, the judge justified the adoption of urgent measures—such as the implementation of the Lagoa Viva Project and ecological restoration—by noting that chronic pollution and environmental degradation increase exposure to climate impacts and compromise ecological recovery in the medium and long term. These measures were deemed essential to prevent the damage from becoming irreversible in a scenario of accelerated climate instability.
• Union of Community Entities of Florianópolis (UFECO)
• NGO Costa Legal
• Pachamama Association
• Federal Public Ministry
• Public Prosecutor's Office of the State of Santa Catarina
• National Association of People Affected by Dams
• Municipality of Florianópolis/SC
• Santa Catarina Public Services Regulatory Agency – Aresc
• Santa Catarina Water and Sanitation Company – Casan
• State of Santa Catarina
• Florianópolis Municipal Environmental Foundation – Floram
• Santa Catarina Environmental Institute - IMA - New name of FATMA
The action seeks to protect Lagoa da Conceição, one of the most emblematic and environmentally sensitive ecosystems in the municipality of Florianópolis, in the state of Santa Catarina. The lagoon forms a complex socio-ecological system that integrates marine, lagoonal, and terrestrial ecosystems, including dunes, sandbars, wetlands, mangroves, and fragments of the Atlantic Forest, a biome recognized as a global biodiversity hotspot. This mosaic of environments forms a crucial ecological corridor for native and migratory species, in addition to harboring fauna and flora of great ecological and cultural value.
Surrounding the lagoon are diverse traditional and urban communities that depend directly on the environmental quality of the area. Among them are the artisanal fishermen, groups whose cultural identity, local economy, and food security are closely linked to the ecological balance of the lagoon. Also living there are communities residing in the neighborhoods of Lagoa da Conceição, Canto da Lagoa, Costa da Lagoa, Porto da Lagoa, and Joaquina, whose ways of life, sociocultural practices, and economic activities—including tourism, recreation, and local gastronomy—are deeply intertwined with the territory.
The lagoon also plays a historical role in preserving cultural practices associated with artisanal fishing, traditional knowledge of water use, and the symbolic relationship of communities with the natural environment. Its degradation generates direct social impacts, especially for the most vulnerable groups, who depend on ecosystem services to cope with the effects of rising sea levels, heavy rainfall, extreme weather events, and hydrological changes associated with the climate crisis.
This context reinforces the need to adopt structural measures to guarantee the ecological and social integrity of the territory.
International agreements/treaties
- Paris Agreement
National laws
- Federal Constitution of Brazil
- National Environmental Policy (Law 6.938/1981)
- Atlantic Forest Law (Law 11.428/2006)
- Basic Sanitation Law (Law 11.445/2007)
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