Decision /    Vote from Minister Carmén Lúcia (in Portuguese)

This is a Direct Action of Unconstitutionality by Omission (ADO), with a request for a precautionary measure, brought by the Rede Sustentabilidade (Rede) political party, due to the unconstitutional omission of the President of the Republic, Jair Messias Bolsonaro, and the Minister of the Environment, at the time, Ricardo de Aquino Salles. The party claims that the defendants have omitted the task of combating deforestation in the Amazon, failing to comply with the provisions of articles 23, items VI and VII, and 225, caput and §1, items VI and VII, of the Federal Constitution. It presents the growing deforestation of the biome, especially as of 2019, as evidence of the concerns. The political party also points out the delegitimization, by the Executive Branch, of the data presented by the Space Research Institute (INPE) which proves the increase in deforestation, even causing the dismissal of the Institute's head of research and publication, violating the right to transparency. It presents data brought by the non-governmental organization Instituto do Homem e Meio Ambiente da Amazônia (Imazon), that exposed the rampant increase in deforestation that could lead to a "tipping point", at which point the cleared forest can not be recovered, seriously impacting climate change in the region. The case also points out the cuts in financial transfers by other states to the Amazon Fund due to the alleged omission of the Executive Branch.

In addition, it argues that Brazil is failing to comply with objective 15.2 of the United Nations (UN) 2030 Agenda, which refers to combating deforestation by 2020. It claims that this commitment was also made at national level by Federal Decree 7.390/2010, revoked by Federal Decree 9.578/2018, which provides for an 80% reduction in annual deforestation rates in the Legal Amazon compared to the years 1996 to 2005, a measure that is part of the National Plan on Climate Change.
 
Among the requests is that: (i) that the injunction be granted, ordering the President of the Republic and the Minister of the Environment to promote concrete actions to combat deforestation in the Amazon; (ii) that the defendants be ordered to report on the measures adopted to combat deforestation, following the release of the data by INPE; (iii) that they be ordered to provide annual data on actions to combat deforestation since 2011; (iv) on the merits, that the injunction be confirmed, and the unconstitutional omission declared in order to order the adoption of administrative measures, in accordance with art. 103, §2, of the Federal Constitution; (v) in the alternative, that the progressive omission be declared unconstitutional in order to warn the defendants of their omission; and (vi) if the Court finds that the ADO is inappropriate, that this action be received and processed as an Argument for Failure to Comply with a Fundamental Precept (ADPF) due to the fungibility of actions.

Due to the similarity of the objects of this ADO (54) and ADPF 760, the Rapporteur of both, Minister Carmen Lúcia, decided to judge them together. In a plenary session, the Justice acknowledged and upheld the actions. In her vote, the Justice stated that the right to an ecologically balanced environment is a fundamental right provided for in the Constitution and in international treaties to which Brazil is a party. The Minister emphasized the principle of the prohibition of environmental retrogression and considered that there was a process of normative "termite infestation" taking place silently, through the dismantling of the state's bureaucratic-normative apparatus. This phenomenon is only visible with a general analysis of the existing framework in the country. It recognized the unconstitutional state of affairs regarding the illegal deforestation of the Amazon rainforest. It ordered the resumption of the Action Plan for the Prevention and Control of Deforestation in the Legal Amazon (PPCDAm) by the Federal Union and the competent federal bodies. After the Reporting Justice's vote, Justice André Mendonça asked to see the case file and so the judgment was suspended.

 In April 2024, ADPF 760 and ADO 54 were partially upheld. The Court did not declare the state of affairs unconstitutional but recognized the existence of structural flaws in the policy of protecting the Legal Amazon. It ordered the Federal Government to make a "significant commitment" to combating illegal deforestation in the biome and determined that it should adopt measures to implement the PPCDAm, strengthen the inspection bodies IBAMA, ICMBio and Funai, that the Federal Government present transparent information on the actions and results of the measures adopted in compliance with the STF's orders and that the data on the measures adopted by the Executive Branch should be submitted to the CNJ's Observatory on the Environment and Climate Change in the Judicial Branch. The judgment was published on June 26, 2024, and the case was closed on August 03, 2024.

ADO 54 (Amazon Deforestation)

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ADO 54 (Amazon Deforestation) - decision

Filed

This is a Direct Action of Unconstitutionality by Omission (ADO), with a request for a precautionary measure, brought by the Rede Sustentabilidade (Rede) political party, due to the unconstitutional omission of the President of the Republic, Jair Messias Bolsonaro, and the Minister of the Environment, at the time, Ricardo de Aquino Salles. The party claims that the defendants have omitted the task of combating deforestation in the Amazon, failing to comply with the provisions of articles 23, items VI and VII, and 225, caput and §1, items VI and VII, of the Federal Constitution. It presents the growing deforestation of the biome, especially as of 2019, as evidence of the concerns. The political party also points out the delegitimization, by the Executive Branch, of the data presented by the Space Research Institute (INPE) which proves the increase in deforestation, even causing the dismissal of the Institute's head of research and publication, violating the right to transparency. It presents data brought by the non-governmental organization Instituto do Homem e Meio Ambiente da Amazônia (Imazon), that exposed the rampant increase in deforestation that could lead to a "tipping point", at which point the cleared forest can not be recovered, seriously impacting climate change in the region. The case also points out the cuts in financial transfers by other states to the Amazon Fund due to the alleged omission of the Executive Branch.

In addition, it argues that Brazil is failing to comply with objective 15.2 of the United Nations (UN) 2030 Agenda, which refers to combating deforestation by 2020. It claims that this commitment was also made at national level by Federal Decree 7.390/2010, revoked by Federal Decree 9.578/2018, which provides for an 80% reduction in annual deforestation rates in the Legal Amazon compared to the years 1996 to 2005, a measure that is part of the National Plan on Climate Change.
 
Among the requests is that: (i) that the injunction be granted, ordering the President of the Republic and the Minister of the Environment to promote concrete actions to combat deforestation in the Amazon; (ii) that the defendants be ordered to report on the measures adopted to combat deforestation, following the release of the data by INPE; (iii) that they be ordered to provide annual data on actions to combat deforestation since 2011; (iv) on the merits, that the injunction be confirmed, and the unconstitutional omission declared in order to order the adoption of administrative measures, in accordance with art. 103, §2, of the Federal Constitution; (v) in the alternative, that the progressive omission be declared unconstitutional in order to warn the defendants of their omission; and (vi) if the Court finds that the ADO is inappropriate, that this action be received and processed as an Argument for Failure to Comply with a Fundamental Precept (ADPF) due to the fungibility of actions.

Due to the similarity of the objects of this ADO (54) and ADPF 760, the Rapporteur of both, Minister Carmen Lúcia, decided to judge them together. In a plenary session, the Justice acknowledged and upheld the actions. In her vote, the Justice stated that the right to an ecologically balanced environment is a fundamental right provided for in the Constitution and in international treaties to which Brazil is a party. The Minister emphasized the principle of the prohibition of environmental retrogression and considered that there was a process of normative "termite infestation" taking place silently, through the dismantling of the state's bureaucratic-normative apparatus. This phenomenon is only visible with a general analysis of the existing framework in the country. It recognized the unconstitutional state of affairs regarding the illegal deforestation of the Amazon rainforest. It ordered the resumption of the Action Plan for the Prevention and Control of Deforestation in the Legal Amazon (PPCDAm) by the Federal Union and the competent federal bodies. After the Reporting Justice's vote, Justice André Mendonça asked to see the case file and so the judgment was suspended.

 In April 2024, ADPF 760 and ADO 54 were partially upheld. The Court did not declare the state of affairs unconstitutional but recognized the existence of structural flaws in the policy of protecting the Legal Amazon. It ordered the Federal Government to make a "significant commitment" to combating illegal deforestation in the biome and determined that it should adopt measures to implement the PPCDAm, strengthen the inspection bodies IBAMA, ICMBio and Funai, that the Federal Government present transparent information on the actions and results of the measures adopted in compliance with the STF's orders and that the data on the measures adopted by the Executive Branch should be submitted to the CNJ's Observatory on the Environment and Climate Change in the Judicial Branch. The judgment was published on June 26, 2024, and the case was closed on August 03, 2024. 

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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.

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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.

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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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

Dedicated pool of financial resources for climate-related projects.

A company that is owned wholly or partially by the state, typically operating in key sectors.

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

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Actions or measures to adapt terrestrial systems to climate change.

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

Actions to reduce emissions in energy generation and supply.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

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Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

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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

woman and genders outside of the gender binary

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.

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

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

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

This sector involves the wholesale and retail selling of goods.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

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Activities that relate to the production of goods and services from forests.

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This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

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.

ADO 54 (Amazon Deforestation) - decision

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance