petition

ADPF 934 (Transfer of funds to PRODES Cerrado) - petition

Litigation

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Filing Year For Action

On January 8, 2022, the Rede Sustentabilidade (Rede) political party filed an Argument for Failure to Comply with a Fundamental Precept (ADPF), with a request for an injunction, against the conduct of the Federal Government embodied in the lack of transfer of funds to the National Institute for Space Research (INPE), which makes it impossible to monitor deforestation in the Cerrado (PRODES Cerrado). The party highlights the high percentage of deforestation in the Cerrado and the high number of fires monitored by INPE in 2021, which is occurring alongside the advance of the agricultural and livestock frontier in the biome. It highlights the importance of the Cerrado in terms of preserving biodiversity and social aspects, as indigenous populations, quilombolas, geraizeiras, ribeirinhas, babaçueiras and vazanteiras survive on the biome's resources. It also highlights its importance for water distribution in the country, as the Cerrado is responsible for the flow of important river basins. It also points out that the biome stores 13.7 billion tons of carbon dioxide and, if it continues to be destroyed, there will be greater greenhouse gas (GHG) emissions, preventing the achievement of international climate targets set by Brazil in the Climate and Biodiversity Conventions. It claims that INPE's monitoring of the biome is essential for the country to provide information under these agreements. The plaintiff party argues that the federal government's conduct violates various constitutional rights and principles and the precautionary principle. As a precautionary measure, it requests that the Federal Government prove that sufficient funds have been allocated to the PRODES Cerrado project. On a final basis, it requests a judgment upholding the action, confirming the precautionary measure, and declaring the unconstitutionality of the Federal Government's act of making the monitoring of the Cerrado unfeasible, due to the lack of transfer of funds to INPE.

ADPF 934 (Transfer of funds to PRODES Cerrado)

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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.

This sector involves the wholesale and retail selling of goods.

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.

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.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

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.

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

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.

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

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

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

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

Actions or measures to adapt freshwater systems to climate change.

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.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

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

This sector involves the distribution, treatment, and conservation of water resources.

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.

Dedicated pool of financial resources for climate-related projects.

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

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

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 934 (Transfer of funds to PRODES Cerrado) - petition

Policy instrument

Risk

Impacted group

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance