ADI 7438 (environmental protection of the Cerrado biome)

On August 24, 2023, the political party Rede Sustentabilidade (Rede) filed a Direct Action of Unconstitutionality (ADI), with a request for a precautionary measure, against the State Laws n. 22.017/2023 and n. 18.104/2013 of Goiás. The case is supported by six NGOs that signed the initial petition and requested to be admitted as amicus curiae. It questions the constitutionality of articles of State Law 18.104/2013 and State Law 20.017/2023 that amends various environmental provisions contained in (i) State Law 18.102/2013, on environmental administrative infractions; (ii) State Law 18.104/2013, the Goiás Forest Code; and (iii) State Law 20.694/2019, on environmental licensing in the state level. The plaintiff argues that the law approved in 2023 was passed too hastily and without any debate, participation by civil society or an opinion from the legislative body's Environment Committee, presenting material and formal violations of the Federal Constitution. It is argued that the changes to state legislation promoted by Law 20.017/2023 are detrimental to the protection of the Cerrado biome, water security in the region and the fight against climate change. The plaintiff points out that the biome stores huge amounts of carbon and is important in the fight against global warming. Thus, the growing deforestation of the region, allegedly also encouraged by the contested legislative changes, has serious implications for the climate emergency. The plaintiff argues the unconstitutionality of the provision considering the violation of (i) the principles of publicity and transparency; (ii) the principle of non-regression on environmental matters; and (iii) the right to an ecologically balanced environment and the duty to protect the environment. It alleges the relaxation of environmental rules, the violation of the competences of the Federal Union, regarding forestry law, and of the Municipalities, regarding licensing law, as well as the direct violation of the Paris Agreement, by promoting deforestation. Thus, as an injunction, the plaintiff requests the suspension of the effects of several provisions of State Law 22.017/2023 and State Law 18.104/2013. On the merits, the plaintiff requests the declaration of unconstitutionality of the provisions.