ADPF 934 (Transfer of funds to PRODES Cerrado)

On January 8, 2022, the Rede Sustentabilidade (Rede) political party filed an Argument for Failure to Comply with a Fundamental Precept (ADPF), with a request for an injunction, against the conduct of the Federal Government embodied in the lack of transfer of funds to the National Institute for Space Research (INPE), which makes it impossible to monitor deforestation in the Cerrado (PRODES Cerrado). The party highlights the high percentage of deforestation in the Cerrado and the high number of fires monitored by INPE in 2021, which is occurring alongside the advance of the agricultural and livestock frontier in the biome. It highlights the importance of the Cerrado in terms of preserving biodiversity and social aspects, as indigenous populations, quilombolas, geraizeiras, ribeirinhas, babaçueiras and vazanteiras survive on the biome's resources. It also highlights its importance for water distribution in the country, as the Cerrado is responsible for the flow of important river basins. It also points out that the biome stores 13.7 billion tons of carbon dioxide and, if it continues to be destroyed, there will be greater greenhouse gas (GHG) emissions, preventing the achievement of international climate targets set by Brazil in the Climate and Biodiversity Conventions. It claims that INPE's monitoring of the biome is essential for the country to provide information under these agreements. The plaintiff party argues that the federal government's conduct violates various constitutional rights and principles and the precautionary principle. As a precautionary measure, it requests that the Federal Government prove that sufficient funds have been allocated to the PRODES Cerrado project. On a final basis, it requests a judgment upholding the action, confirming the precautionary measure, and declaring the unconstitutionality of the Federal Government's act of making the monitoring of the Cerrado unfeasible, due to the lack of transfer of funds to INPE.