decision

Federal Public Ministry vs. Federal Union (Zoning of Sugar Cane) - decision

<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

petition

Federal Public Ministry vs. Federal Union (Zoning of Sugar Cane) - petition

reply

Federal Public Ministry vs. Federal Union (Zoning of Sugar Cane) - reply

judgment

Federal Public Ministry vs. Federal Union (Zoning of Sugar Cane) - judgment

Filing Year For Action

On December 12, 2019, the Federal Public Ministry (MPF) filed a public civil action, with a request for urgent relief, to hold the Federal Union responsible for issuing a presidential decree (no. 10.084/2019, which revoked Decree 6.961/2009) approving the agroecological zoning of sugarcane and requesting the National Monetary Council to establish norms for financing activities in the sugar-alcohol sector. The plaintiff alleges that, when editing the new Decree, the Union did not present technical or political reasons for the repeal of the previous rule. Furthermore, the decree can cause irreversible environmental damage to the Amazon biome and the ecosystem services produced by the forest, which implies potential national and global impacts, especially regarding the service of climate regulation and rain distribution. The plaintiff argues that the decree can make it difficult to demonstrate compliance with the goals of the Paris Agreement. 

The investigations that gave rise to the lawsuit were carried out in a civil inquiry that aimed to determine the legality of the release of sugarcane plantations in the Amazon, in the face of possible environmental damage resulting from the activity and the failure to adopt mitigating measures. The investigation arose out of a complaint by a researcher, based on scientific studies published in the journal Science, which demonstrated the economic and environmental consequences of allowing sugarcane cultivation in the Amazon and Pantanal biomes. The plaintiff request a granting a preliminary injunction for (i) the court to suspend the effects of Decree 10,084/2019, resuming the previous one, and (ii) that the Union refrain from issuing a new decree on this matter until it demonstrates, through technical and scientific studies, the plausibility of the measure in comparison with the duty to protect the environment. The plaintiff also requires, in a final request, to condemn the Union for material and collective moral damages. 

On February 29, 2020, the Federal Government replied and (i) defended the legality and constitutionality of Decree 10,084/2019, claiming that the new decree is in accordance with the provisions of the RenovaBio program and with new production techniques, and Brazil must double production and use of ethanol as automotive fuel to meet the goals of the Paris Agreement, (ii) that the practice disciplined by the new decree must observe the environmental legal framework, especially environmental licensing, and (iii) the absence of objective responsibility of the State in reason due to lack of proof of damage. 

On April 20, 20202, the court granted precautionary measures - later partially suspended by Interlocutory Appeal 1012253-37.2020.4.01.0000. The court immediately suspended the effects of Decree 10.084/2019, until the Union proved, within 180 days from the technical studies, the scientific and non-impacting feasibility that motivated the new legislation and the revocation of the previous one for the involved biomes. The appeal refers to the determination of communication by environmental licensing agencies, federal, state and municipal, of the Legal Amazon for the authorization/licensing of sugarcane planting activities in the region to be prohibited. 

Delivered in April 2025, the final ruling dismissed the request to suspend Federal Decree 10.084/2019 without resolving its merits due to the inadequacy of the type of action proposed. The ruling argued that this request should be pursued through a concentrated constitutional review action. It also dismissed the claims for moral and material damages, understanding that the revocation of the zoning did not cause concrete and determined environmental damages that had been demonstrated throughout the case by the Federal Public Prosecutor's Office. It emphasized that, since there is no proven environmental damage and there are no specific recipients or direct and immediate impact on the community, compensation for collective moral damages is not applicable. The judgment became final, with the case being definitively closed and archived.

Federal Public Ministry vs. Federal Union (Zoning of Sugar Cane)

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.

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.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

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.

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

Federal Public Ministry vs. Federal Union (Zoning of Sugar Cane) - decision

Policy instrument

Risk

Impacted group

Economic sector

Finance