petition

Federal Public Ministry, SOS Mata Atlântica and ABRAMPA v. Federal Union (MMA Order 4.410/2020 and special legislation for the Atlantic Forest) - petition

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Litigation

Sabin

Sabin Litigation

judgment

Federal Public Ministry, SOS Mata Atlântica and ABRAMPA v. Federal Union (MMA Order 4.410/2020 and special legislation for the Atlantic Forest) - judgment

decision

Federal Public Ministry, SOS Mata Atlântica and ABRAMPA v. Federal Union (MMA Order 4.410/2020 and special legislation for the Atlantic Forest) - decision

Filing Year For Action

On May 6, 2020, the Federal Public Prosecutor's Office (MPF) and two NGOs, SOS Mata Atlântica and ABRAMPA, filed a public civil action (environmental class-action) against the Federal Government, seeking a declaration of nullity of Order 4.410/2020 issued by the Ministry of the Environment (MMA). The plaintiffs claim that the contested Order changed the understanding consolidated in the previous MMA Order 64.773/2017 on the specialty and prevalence of the Atlantic Forest Law (Federal Law 11.428/2006) over the Forest Code (Federal Law 12.651/2012) concerning the protection of the Atlantic Forest biome. It so happens that Order 4.410/2020 imposed guidance on federal public entities to apply the Forest Code, which is a less protective general rule, allowing the consolidation of occupation of protected areas (APP) illegally deforested (until July 22, 2008). The plaintiffs aim, among other things, to prevent the cancellation of several environmental infraction notices for deforestation and fires as a result of the possible consolidation of occupation of APP. They point out that the largest source of greenhouse gas (GHG) emissions in the country is deforestation and changes in land use, and that special legislation, such as the National Policy on Climate Change (PNMC – Federal Law 12.187/2009), establishes the duty to preserve, conserve and restore Brazil’s natural biomes such as the Atlantic Forest. Finally, they request, as an injunction, (i) the suspension of the effects of the contested Order 4.410/2021 and (ii) the reinstatement of the effects of MMA Order 64.773/2017. On the merits, they request the confirmation of the injunction with (i) a declaration that the Order 4.410/2021 is null and void and (ii) an order that the Federal Government refrain from issuing another normative act denying the prevalence of the special legislation of the Atlantic Forest over the Forest Code.
In its defense, the Federal Government argued that the action had lost its object, due to the spontaneous revocation of Order 4.410/2020, and pointed out that the matter had been brought before the Federal Supreme Court (STF), and that it was up to that Court to determine the best interpretation of the issue. Accordingly, it requested that the case be dismissed.
In a judgment based on procedural grounds, the court ruled that the plaintiffs had no interest in acting and dismissed the case, without resolving the merits. This decision was upheld on appeal and the case was dismissed.

Federal Public Ministry, SOS Mata Atlântica and ABRAMPA v. Federal Union (MMA Order 4.410/2020 and special legislation for the Atlantic Forest)

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

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

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.

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

Actions or measures to adapt terrestrial systems to climate change.

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

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.

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.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

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.

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.

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.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

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 Public Ministry, SOS Mata Atlântica and ABRAMPA v. Federal Union (MMA Order 4.410/2020 and special legislation for the Atlantic Forest) - petition

Policy instrument

Risk

Impacted group

Greenhouse gas

Economic sector

Adaptation/resilience

Finance