petition

ADPF 1201 (Fires in the Cerrado and Atlantic Forest) - petition

Litigation

Sabin

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Filing Year For Action

decision

In December, 2024, the Partido Socialismo e Liberdade (PSOL) political party filed a Claim of Non-Compliance with a Fundamental Precept (ADPF), with a request for preliminary injunction against the Federal Government and the State of São Paulo, due to acts of commission and omission by these entities regarding the duty to protect the Cerrado and Atlantic Forest biomes, in view of the fires that occurred in São Paulo in 2024. It is alleged that there is a dismantling of environmental conservation policy, inertia and inefficiency of the Public Authorities in adequately protecting these biomes, with the state in a forest and climate crisis neglected by the competent authorities. São Paulo has one of the worst air qualities in the country, mainly due to the fires, and, in contrast, has promoted the dismantling of environmental management, including the reduction of funds allocated to fighting fires. Furthermore, most municipalities in the state do not have civil defense structures or a disaster response plan. The crucial role of the Cerrado and the Atlantic Forest in supplying water to Brazil and South America is highlighted, and their destruction increases the country's climate risk. The actions of the authorities imply a violation of the right to an ecologically balanced environment, the precautionary principle due to the lack of preservation of natural resources, the principle of non-regression, commitments made internationally, such as the Sustainable Development Goals (SDGs), fundamental rights such as life, health and physical integrity, and guiding principles of public administration. In summary, as a precautionary measure, it is requested that the Federal and State Governments be ordered to present detailed administrative and scientific reports; and to implement economic and administrative measures for the prevention and control of wildfires in the state in 2025 and for the structuring of environmental management in São Paulo. As final requests, it is requested that the violation of fundamental precepts be recognized in order to deem the action admissible, with the recognition of the unconstitutionality of environmental management in the state of São Paulo, especially in the omissions perpetrated in the face of major incidents of biome devastation, confirming all precautionary requests.

In a single-judge decision, Justice Flávio Dino partially granted the precautionary measures. He highlighted that it is undeniable that the climate emergency is an unprecedented global threat that generates several alarming consequences, and that the data presented by the plaintiffs demonstrate the configuration of a scenario of environmental vulnerability in São Paulo, with impacts on the biomes and the local population. He understood that it is essential for the defendants to reinforce environmental monitoring and control in order to reduce new outbreaks of fire. He determined, in a decision later confirmed by a panel, the presentation of detailed reports and the implementation of measures for the prevention and combating of wildfires in the year 2025.

ADPF 1201 (Fires in the Cerrado and Atlantic Forest)

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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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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

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Actions or measures to adapt terrestrial systems to climate change.

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Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

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

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

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

Actions or measures to adapt freshwater systems to climate change.

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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.

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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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Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

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

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

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

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

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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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Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

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.

ADPF 1201 (Fires in the Cerrado and Atlantic Forest) - petition

Target

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance