PR Brazil
The Institute of Amazonian Studies (IEA) filed a public climate civil action with the Federal Court of Curitiba, Paraná, against the Federal Union (Brazilian Federal Government), for non-compliance with the climate goals on the reduction of deforestation in the Amazon, established in the Plan for the Prevention and Control of Deforestation in the Legal Amazon (PPCDAm, for its acronym in Portuguese), -one of the instruments of the National Climate Change Policy of Brazil-, which correspond to the reduction by the year 2020, of 80% of the average of the annual rates of deforestation measured in the area of the Legal Amazon between 1996 and 2005, which means that in 2020 illegal deforestation could not exceed the annual rate of 3,925.06 km2.
The plaintiff argues that the defendant authority's noncompliance violates the fundamental right (implicit in the Federal Constitution) to climate stability, which is embedded in the constitutional rights to life, health, housing, food, human dignity, and an ecologically balanced environment, since the Federal Union has been acting to reduce the possibilities of meeting the deforestation reduction target, as evidenced by (i) budget cuts to the public agencies responsible for monitoring and combating deforestation; (ii) administrative changes in the treatment of the application of sanctions related to illegal deforestation; and (iii) the promulgation of regulations that reduced the areas of protected forests.
In this regard, the plaintiff requests that the Court order the Federal Union to comply with the goals established in the PPCDAm and, in the event of non-compliance, order it to carry out the reforestation of the entire area of deforested jungle exceeding the limit established by law. She further requests that the defendant allocate sufficient funds for this to be accomplished.
In July 2021, the 11th Federal Court of Curitiba declined jurisdiction to resolve the action brought, arguing that the competent court should be the Federal Agrarian and Environmental Court of the Judicial Power of Amazonas, given that it was hearing another Public Civil Action brought by the Federal Public Prosecutor that is also related to illegal deforestation in the Amazon.
IEA appealed the decision to the Federal Court of the Fourth Region, arguing that the civil action brought on its behalf and the one filed by the Public Prosecutor's Office were of a different nature. The Court of Appeals upheld the jurisdiction of the Federal Court of Curitiba, given that the typology, structure, subject matter, and cause of action of the two civil actions were different, thus setting a precedent regarding the recognition of the difference between environmental and climate litigation.
The civil action filed by EIA is recognized as a climate lawsuit, seeking compliance with climate commitments related to reducing deforestation in the Amazon. The action translates into legal terms the main scientific concepts related to the role of the Amazon rainforest in mitigating climate change. Furthermore, it invokes the principle of reversing the burden of proof.
In the lawsuit, the plaintiff states that anthropogenic climate change is one of the major legal challenges facing contemporary society and that forests act as a low-cost natural means to combat climate change because they act as sinks for carbon dioxide (CO2), one of the greenhouse gases (GHG) most intensely emitted into the atmosphere by anthropogenic activity.
However, it indicates that when forests are deforested, they become significant sources of greenhouse gas emissions, as they release the gases trapped within them into the atmosphere. Deforestation is a major contributor to global warming, accounting for approximately 10% to 13% of global CO2 emissions. In Brazil, the amount of greenhouse gas emissions is primarily linked to deforestation rates.
It indicates that Brazil ratified the United Nations Framework Convention and the Kyoto Protocol and that in response to its international commitments it established the National Climate Change Policy of which the PPCDAm is an instrument.
Therefore, he states that it is imperative that the Union fulfill its social, intergenerational and regulatory obligations aimed at restoring control of illegal deforestation of the Amazon rainforest, so that it is possible to achieve climate stability in the country.
- Institute of Amazonian Studies (IEA)
- The Federal Union
According to the Civil Action filed, supported by a technical report, Brazil has the highest percentage of protected forest areas (56% of the territory), but also has the highest rates of deforestation in the world.
Among Brazil's major forests, the Amazon rainforest stands out, forming part of the Legal Amazon. This forest plays a key role in carbon sequestration, capturing between 430 million and 2 gigatons of carbon annually.
An analysis of the Amazon rainforest's behavior in recent years is cited, which confirmed that its atmosphere is drying out due to global warming, biomass burning, and land-use change. It also indicates a reduction in moisture produced by the forest and an increase in intense droughts and fires.
Rules:
- Universal Declaration of Human Rights
- United Nations Framework Convention
- Kyoto Protocol
- Federal Constitution
- Law 12.187/2009, which establishes the National Climate Change Policy (NPCC)
Beginning:
- Intergenerational equity
- Reversal of the burden of proof
- Caution