Clara Leonel Ramos and Bruno de Almeida de Lima vs. State of São Paulo (Families for the Climate and IncentivAuto Program)

On September 25, 2020, two individuals from the global movement Families for the Climate, filled an Autonomous Action for the Advance Production of Evidence against the State of São Paulo to obtain documents on the implementation of the IncentivAuto Program - Automotive Regime for New Investments. The plaintiffs reason that these documents could support or prevent the filing of a class action lawsuit. The program provides financing to motor vehicle manufacturers to carry out projects to expand their industrial plants, set up new factories or develop new products. The plaintiffs allege that it is potentially illegal for IncentivAuto to finance projects that do not minimize the reduction of greenhouse gas (GHG) emissions, in disagreement with the State Policy on Climate Change - PEMC (State Law 13.798/2009) and the National Policy on Climate Change - PNMC (Federal Law 12.187/2009). In addition, they argue that the use of resources from the São Paulo State Taxpayers Support Fund (FUNAC) to finance projects that stimulate polluting action is potentially damaging to the treasury and the environment, without taking into account the need to make socio-economic development compatible with protecting the climate system. The applicants stress the vulnerability of children and adolescents to air pollution and the impacts of climate change. They therefore request the production of documentary evidence relating to projects submitted to IncentivAuto. On November 16, 2020, the State of São Paulo offered a reply alleging (i) illegitimacy of the applicants to defend diffuse and unavailable interests of third parties, (ii) disconnection of the right that is intended to protect with the objective facts to be proved with the documents and (iii) existence of confidentiality that justifies the limitation of access to information. On January 12, 2021, the court granted the request to provide part of the information requested and for the State of São Paulo to show the documents. Afterwards there was a judgment deeming the case extinct. On June 11, 2021, the proceeding was closed. The plaintiffs filed motions for clarification, which were rejected by the court. They also filed an appeal. On December 14, 2023, the Court dismissed the appeal. The lower court held that the IncentivAuto program requires "benefited" companies to comply with a series of obligations, including obtaining an environmental license that takes into account the legal standard for pollutant emissions set out in "Proconve." For this reason, he considered that there was no contradiction between the program and climate regulations. As for the request to compel the State of São Paulo to include "in the IncentivAuto Program conditions for the approval of projects relating to the adoption of measures aimed at reducing greenhouse gas emissions and adapting to the impacts of climate change", the court stated that it is not appropriate to impose an obligation to do so on the Government in popular action. For these reasons, the opening of an incident of unconstitutionality was rejected and the ruling was upheld.