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Federal District and Territories Public Prosecutor’s Office vs. Federal District and IBRAM (Omission in implementation of the District’s Climate Change Policy) - petition

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Federal District and Territories Public Prosecutor’s Office vs. Federal District and IBRAM (Omission in implementation of the District’s Climate Change Policy) - decision

Filing Year For Action

In November, 2025, the Federal District and Territories Public Prosecutor's Office filed a Public Civil Action (ACP) against the Federal District and the Federal District Institute of Environment and Water Resources (IBRAM), questioning the government's failure to effectively implement the District Climate Change Policy, especially with regard to the incorporation of climate impact assessments into environmental licensing procedures. It recognizes the serious scenario of the climate crisis caused by human interventions, which implies violations of fundamental rights, and argues that, although district legislation requires the preparation of emissions inventories, greenhouse gas (GHG) mitigation measures, and the integration of climate criteria into environmental impact studies, these commands have remained unregulated and without practical application for more than a decade. The author presents foreign, international, and national precedents that require the inclusion of climate impact assessments in licensing processes and reaffirm the right to a stable climate as a fundamental right. It points out that the National Council of Justice (CNJ) has a recommendation for the control of conventionality in human rights matters. It demonstrates that the contested omission contributes to the worsening of emissions in the Federal District, especially in the transportation sector, which has seen a significant increase in GHG emissions in recent decades, highlighting the disconnect between formal climate policy and government actions. It argues that climate impact assessments of projects must include minimum technical criteria based on the Terms of Reference and Climate Impact Matrix, which include the preparation of emissions inventories that show all GHG emissions in the pre-operation and operation phases of the projects and incorporate scope 1, 2, and 3 emissions. In addition, climate diagnostic studies must contain an assessment of mitigation and adaptation measures. A preliminary injunction is requested to grant urgent relief so that IBRAM (i) requires all projects that are potential GHG emitters to submit an inventory of direct and indirect emissions; (ii) establish the mandatory requirement for proportional mitigation and compensation projects, as well as complementary environmental studies aimed at assessing climate impacts, among others; and (iii) standardize the requirements of the general district environmental licensing rules relating to the subject matter of the claim. It also requires the Federal District to regulate district climate laws, defining procedures, technical criteria, competencies, and administrative flows, establishing minimum standards for GHG inventories, requirements for climate diagnosis, mitigation and compensation measures, as well as monitoring, inspection, and sanctioning instruments, transparency and public participation mechanisms, the mandatory integration of these standards into environmental licensing processes and other sectoral policies of the Federal District, and that the defendants submit semi-annual reports to the Court. On the merits, it requests full confirmation of the provisional injunction and the granting of all requests.

In an interlocutory decision, the court recognized the legal plausibility of the claim, stating that climate protection is an essential component of environmental studies and that the prolonged failure of the Federal District and IBRAM to enforce district climate change regulations compromises environmental balance and exacerbates the ongoing climate emergency. The Court emphasized that environmental licensing must necessarily consider direct and indirect impacts related to GHG emissions, stressing that government incentives for road transport and the absence of climate regulations violate the Constitution and prevent the full implementation of the district's climate policy. Having verified the risk of irreparable damage and the environmental harm already underway, the Court granted an interlocutory injunction to require IBRAM to demand GHG emissions inventories and mitigation measures in licensing and to standardize the requirements of district laws, as well as to order the Federal District to fully regulate district climate laws, setting deadlines and fines to ensure compliance with obligations.

Federal District and Territories Public Prosecutor’s Office vs. Federal District and IBRAM (Omission in implementation of the District’s Climate Change Policy)

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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.

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.

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

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.

Actions to adapt human health, healthcare systems and well-being to climate change.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

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

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

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.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

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.

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.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

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

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

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

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

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

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

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.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

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

This sector involves activities to move goods and people, alongside the storage of products.

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.

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

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.

Federal District and Territories Public Prosecutor’s Office vs. Federal District and IBRAM (Omission in implementation of the District’s Climate Change Policy) - petition

Target

Risk

Impacted group

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance