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ADPF 755 (Federal environmental sanctioning process) - petition

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This is an Argument for Failure to Comply with a Fundamental Precept (ADPF), with a request for a precautionary measure, filed by four political parties: the Brazilian Socialist Party  (PSB), the Workers Party (PT), the Socialism and Freedom Party (PSOL) and Network for Sustainability (REDE). The aim is to resume the federal environmental sanctioning process. The plaintiffs argue that the federal government has acted to dismantle and weaken the national environmental protection system. They highlight the increase in deforestation and fires in the Amazon and the Pantanal, also affecting indigenous lands, as well as the paralysis of the Action Plan for the Prevention and Control of Deforestation in the Legal Amazon (PPCDAm) and the delegitimization of data relating to these facts by the President of the Republic. They argue that the issuance of Federal Decree 9.760/2019 by the President of the Republic paralyzed the environmental sanctioning process, mainly due to the provision of the conciliation stage in the process and the impossibility of converting fines into environmental services. They point out that the conversion provided for in Federal Law 9.605/1998, which provides for criminal and administrative sanctions for conduct harmful to the environment, is an important institute for fulfilling Brazil's commitment to the Paris Agreement (enacted by Federal Decree 9.073/2017). They allege that the cases awaiting conciliation hearings have been suspended, while the statute of limitations continues to run. The plaintiffs argue that the Federal Government could not have amended Federal Law 9.605/1998, introducing a new phase to the sanctioning process, by means of a decree, in addition to the fact that the normative instrument has several inconsistencies. They argue that paralyzing this system violates articles 225, 231 and 23, caput and items VI and VII, of the Federal Constitution, the principles related to due process of law and the precautionary principle. They request, as a precautionary measure: (i) the declaration of unconstitutionality of Federal Decree 9. 760/2019 and that the environmental sanctioning process be unblocked; (ii) alternatively, that the aforementioned decree be interpreted in accordance with the Constitution, in the terms requested; (iii) if it is understood in a different way to the previous requests, that the counting of the statute of limitations for the processes be suspended until the conciliation hearing takes place; (iv) that the implementation of the requested measures be monitored; (v) that the Federal Government be ordered to submit to the Court a plan for resuming the regular functioning of the environmental sanctioning process; and (vi) for the Federal Government to refrain from taking any further measures that hinder, make unfeasible or paralyze the regular progress of the federal environmental sanctioning process. In the final analysis, they request confirmation of the precautionary measures, with the declaration of unconstitutionality of the Federal Decree in question.

Reporting Justice Rosa Weber admitted the Brazilian Association of Members of the Public Prosecutor's Office for the Environment (ABRAMPA) and the Climate Observatory Laboratory (Observatório do Clima) as amici curiae. In its statement, ABRAMPA highlighted the climate issue and reinforced the points made in the initial petition. It pointed out that the increase in deforestation causes socio-environmental damage and that the land use change and forestry sector is the largest source of greenhouse gas (GHG) emissions in Brazil. He pointed out that encouraging the advance of illegal deforestation aggravates global warming, contrary to international climate commitments and Brazilian climate policy. It therefore argued that the situation violates the fundamental right to an ecologically balanced environment and climate stability. Finally, he emphasized the need for the precautionary measures to be assessed and for a judgment to be made upholding the initial requests.

The case was redistributed to Justice Luiz Fux. Luiz Fux. In his decision rendered on December 15, 2023, he ruled that the ADPF had lost its object, considering the substantial change in the factual-normative framework that existed at the time the suit was filed, including the express repeal of the provisions that brought about the innovations being challenged. For these reasons, he dismissed the case without a decision on the merits.

In February 2024, the decision became final and the case was dismissed.

ADPF 755 (Federal environmental sanctioning process)

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

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

This sector involves the wholesale and retail selling of goods.

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

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.

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A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

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

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

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.

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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.

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

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

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.

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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This sector provides communication services, software development, and IT solutions.

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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.

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.

ADPF 755 (Federal environmental sanctioning process) - petition

Policy instrument

Risk

Impacted group

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance