petition

ADI 6932 (Eletrobras Privatization) - petition

Litigation

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In July 15, 2021, several political parties (PSB, PSOL, Rede, PT, PDT and PCdoB) filed a Direct Action of Unconstitutionality, with a request for precautionary measures, in the Brazilian Supreme Court. The action challenges Law 14.182/2021, which deals with the privatization of the national electricity company Eletrobras and promotes changes in the Brazilian electricity sector regime. The law derived from a provisional measure, which can only be adopted in exceptional circumstances. The plaintiffs argue that the provisional measure, which was then turned into the law in question, lacked the requirement of urgency, circumventing the regular legislative process. They claim that, when considering the conversion of the provisional measure, the National Congress approved amendments that resulted in substantial changes to Brazilian energy planning. The final wording of the provisions reveals an undue attempt to prevent a possible veto by the President of the Republic. The Law, under the terms approved, requires the mandatory contracting of energy from small hydroelectric power plants and natural gas thermoelectric plants. The plaintiffs argue that such a requirement makes the necessary decarbonization of the Brazilian energy matrix more distant and will lead to an increase in annual greenhouse gas emissions (GHG), in breach of the commitments made under the Paris Agreement and by the President of the Republic at COP26. The plaintiffs point out that the enactment of the Law violates the legal and constitutional order since it is contrary to the duty to act in favor of the protection of intact and stable climatic conditions. The Law also authorizes the Federal Union to start the construction of the Linhão de Tucuruí (transmission line), disregarding the administrative processes of environmental permitting and consultation and affecting indigenous groups. 

The plaintiffs request (i) that a precautionary measure be granted to determine the immediate suspension of the effectiveness of Law 14.182/2021 or, alternatively, the suspension of specific articles and, (ii) on the merits, that said law be declared unconstitutional in its entirety or, alternatively, the unconstitutionality of specific articles. 

The Chief Justice of the STF determined, due to the relevance of the matter, that the decision be taken definitively by the Court, through the adoption of an abbreviated rite.

ADI 6932 (Eletrobras Privatization)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Actions or measures to adapt terrestrial systems to climate change.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Using laws and the legal system more broadly to protect vulnerable entities

A tax advantage is an economic benefit applied to certain accounts or investments that are, by law, tax-reduced, tax-deferred, or tax-free. This can apply to investments in areas such as green energy projects or the agricultural sector, where tax advantages can help manage financial risks.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Actions or measures to adapt freshwater systems to climate change.

Heat extracted from the ground, usually in the form of hot water or steam and typically referred to as hydrothermal fluid.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Electrical energy generated from mechanical devices driven by flowing fresh water.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Production of electricity and heat from solar irradiation.

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities to move goods and people, alongside the storage of products.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

ADI 6932 (Eletrobras Privatization) - petition

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance