Brazil
Six activists from the organizations Fridays for Future and Engajamundo filed a class action lawsuit against the Brazilian government for changes to its Nationally Determined Contributions (NDCs) submitted in 2020, alleging that they used a “carbon maneuver” to lower the greenhouse gas (GHG) reduction targets adopted in their previous NDC of 2015.
The plaintiffs argue that the updated NDC “increases the base year for calculating emissions from 2005, but maintains the reduction percentages projected for 2025 and 2030, which in practice reduces Brazil’s contribution to achieving the goals and objectives of the Paris Agreement—incorporated into Brazilian law as an ordinary law through Decree No. 9,073/2017—and consequently violates it.” They point out that, in total, “there will be 400 million more tons of CO2 equivalent in 2030 than initially proposed in 2015.”
Furthermore, the plaintiffs point out that the updated NDCs do not comply with Article 225 of the Federal Constitution, which establishes that public authorities and the community have the duty to preserve the ecologically balanced environment, essential for a healthy quality of life, for present and future generations.
In that regard, the following precautionary measures were requested in their action:
Suspend the effects of the updated Nationally Determined Contribution.
Determine that the defendants submit the updated NDC, adjusting the values relating to the percentage reduction target proportional to the base values considered for the new calculation, in order to adapt it to the progressiveness requirement of the Paris Agreement and ensure that the decision-making process for this is participatory, including representatives of civil society.
And as a background request:
Declare the updated NDC null and void.
That the Defendants resubmit Brazil's NDC with the CO2e emission reduction percentages increased beyond the limit necessary to comply with the progressivity commitment of the Paris Agreement.
In May 2021, the court dismissed the precautionary measures and the exception of incompetence presented by the Federal Government, which was the subject of a request for reconsideration by the actors in July 2021.
Meanwhile, the Federal Government argued that the court hearing the case lacked jurisdiction, claiming that the matter should not be addressed in domestic courts because it pertains to international commitments made by Brazil. The presiding judge determined that federal courts have constitutional jurisdiction in cases involving international treaties, which is the case here, and therefore rejected the objection.
In June 2024, the Supreme Court ratified an agreement between the government and young activists (from Fridays for Future and Engajamundo ) who had sued the state in 2021 over a "carbon maneuver" in its emissions targets (NDCs).
The legal action filed stated that the Nationally Determined Contributions (NDCs) are the very heart of the Paris Agreement, as they contain the goals and objectives that each State Party establishes to achieve effective global climate control. In this sense, each country must progressively update its NDC in relation to the commitments made in the previous NDC. Thus, the NDC declared and updated by each country in each five-year cycle must be, by necessity, more ambitious than the previous one.
They indicate that by maintaining the proposed 37% and 43% reductions on a larger calculation base, the Brazilian government is effectively committing to a lesser effort in mitigating CO2e emissions. This amounts to an "accounting trick" that directly contradicts the spirit of the Paris Agreement, which calls for progressively increasing ambition.
Finally, the plaintiffs indicate that the maneuver carried out will generate various damages to the environment, including the following:
Increased Brazilian greenhouse gas (GHG) emissions, which further hinders the achievement of global goals in this area.
Delegitimization of Brazil in the negotiations related to the United Nations Framework Convention on Climate Change.
Weakening of the country in the negotiations that will take place at the next Conference of the Parties (COP 26) of said convention, which will take place between 1 and 12 November 2021, in Glasgow, Scotland.
To set a precedent for other countries to present less ambitious targets, which could delegitimize the Paris Agreement and/or compromise its implementation.
In short, the case exposes the Brazilian government's lack of ambition in channeling its actions to reduce greenhouse gas emissions, in accordance with its commitments under the Paris Agreement, which are subject to legal challenge due to the Agreement's binding nature. The NDCs are addressed as the main focus and core of the Paris Agreement and, therefore, its stringency.
The plaintiffs analyze the particular responsibilities of Brazil as the world's sixth largest emitter of greenhouse gases and the deforestation of the Brazilian Amazon, for changes in land use intended for agriculture and livestock.
- Fridays for Future Brazil.
- Engajamundo (Thalita Silva e Silva, Marcelo Dos Santos Rocha, Paloma Costa Oliveira, Paulo Ricardo de Brito Santos, Walelasoetxeige Paiter Bandeira Suruí, Daniel Augusto Araújo Gonçalves Holanda).
- Ministry of State for the Environment of Brazil.
- Ministry of State for Foreign Affairs.
- Federal Union.
The class-action lawsuit states that Brazil is the world's sixth-largest emitter of greenhouse gases, accounting for 3.2% of the total, and that its per capita emissions are higher than the global average. In 2019, the average CO2 emissions per Brazilian were 10.4 gross tons.
They also cite the Climate Action Tracker, which classified Brazil's updated NDC as "highly insufficient," and which stated that, "if all countries that signed the Paris Agreement were to assume this new position expressed in Brazil's latest NDC, not only would it not be possible to achieve the goal of limiting global warming to 1.5 and 2.0 degrees Celsius, but we would warm the planet by 3 to 4 degrees Celsius."
In this sense, the class action lawsuit addresses the climate emergency in relation to the rights of future generations. The plaintiffs, as "heirs of the planet," represent youth organizations interested in decision-making that addresses climate change and promotes the conservation of ecosystems and biodiversity.
Rules:
- Paris Agreement.
- Vienna Convention on the Law of Treaties.
- American Convention on Human Rights.
- Federal Constitution of Brazil (art. 225).
- Decree No. 9,073/2017 of Brazil.
Beginning:
- Progressiveness.
- Administrative Morality.
- Principle of Equity and Intergenerational Solidarity .