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Brasilcom et. al. v. Ministério de Minas e Energia - decision

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Brasilcom et. al. v. Ministério de Minas e Energia - petition

Filing Year For Action

On November 18, 2020, the Association of Fuel Distributors (Brasilcom) filed a writ of mandamus with the aim of reducing by 25% the acquisition targets of 14.5 million annual Decarbonization Credits (CBios) for fuel distributors corresponding to the sales of ethanol and biodiesel by mills and distilleries. The writ intended to modify the individual targets for the distributors in the RenovaBio (National Biofuels Policy, Law No. 13.576/2017) program. Renovabio has the goal of contributing to the targets under the Paris Agreement, expanding biofuels in the energy matrix, ensuring the predictability of the fuel market, inducing gains in energy efficiency and reducing GHG emissions in the production, sale and use of biofuels. The annual national decarbonization targets for the fuel sector are RenovaBio’s main instrument. In 2019, the individual mandatory measures for the distributors of fuel were defined in ANP Resolution No. 791/2019. 

Yet in 2020, the National Counsel of Energy Policy (CNPE) reduced the initial measures due to the effects of the Covid-19 pandemic in the distribution of fuel (CNPE Resolution No. 8/2020). On November 3, 2020, distributors filed a petition to only comply with 50% of current measures, amounting to only 25% of the original targets. The lower court granted the injunction and suspended the terms of the schedule for the acquisition of CBios and accepted the request for a reduction of the targets. On November 16, 2020, the appellate court reversed the decision. On December 5, 2020, the STJ maintained the decision that annulled the injunction. 

In November 2022, the proceeding was closed.

Brasilcom et. al. v. Ministério de Minas e Energia

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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

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

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

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

Brasilcom et. al. v. Ministério de Minas e Energia - decision

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance