On June 6, 2024, the Federal Public Prosecutor's Office (MPF) filed a Civil Public Action (CPA) with a request for an injunction against the Federal Government, the state of Rio Grande do Sul (RS) and nine municipalities in the Taquari Valley (RS) due to climatic events that occurred between September and November 2023 and April and May 2024. Subsequently, the National Association of Dam-Affected People (ANAB) was also allowed to join the lawsuit. 

The CPA is seeking for the recognition of governmental omission/inefficiency in the disasters that occurred, and the determination of structural measures for better coordination between the federal entities in the implementation of public policies for climate adaptation and disaster adaptation and response. It is claimed that the state of Rio Grande do Sul has been victimized by disasters, the frequency and intensity of which are increasing due to climate change. It is argued that the flooding in the municipalities of the Taquari Valley demonstrates the existence of flawed climate governance whose emergency response and prevention systems are inadequate for crises. In contrast, it is argued that effective management of extreme events requires coordinated action between the different sectoral policies and the federal, state and municipal levels of government intending to prevent new disasters and recover affected areas. Moreover, the predictability of the event and human action are stated as important elements in potentiating the disaster, giving rise to civil liability of the defendants for damages caused, without the possibility of invoking any exclusion of causality. It is mentioned that the action aims to guarantee climate justice, recognizing that extreme weather events have a more severe impact on vulnerable communities, which have contributed less to GHG emissions and have fewer resources to adapt and recover. 

Thus, it is stated that mitigation strategies must be implemented simultaneously with climate adaptation measures, a duty expressly established in Article 4 of the National Policy on Climate Change (PNMC). It is argued that only with sustainable urban planning strategies, with the active participation of communities and based on the best techniques, will it be possible to build resilient solutions capable of reducing vulnerabilities to disasters. This requires structural and non-structural measures to control flooding and urban drainage systems, the revision of City Planning, the improvement of warning and hydrological control systems and the training of communities. Considering this panorama, the preliminary injunction requires compliance with a series of immediate measures listed in the initial petition to deal with the crisis. Medium and long-term measures are also listed, which are not exhaustive, to establish initial parameters for a joint solution to the issue with the other defendants. Thus, in the final instance, it is requested (i) that the defendants be ordered, with the active participation of the social groups affected, to draw up a restructuring plan, through incremental, successive and/or simultaneous measures, for the areas affected, with due regard for climate adaptation and resilience; (ii) that the form of participation of the groups affected be established; (iii) that a dynamic be established for monitoring the restructuring plan by a committee with representatives from segments of civil society and the government.

Federal Public Prosecutor’s Office and ANAB v. Federal Government and others (Structural litigation over climate disaster in Rio Grande do Sul)

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Federal Public Prosecutor’s Office and ANAB v. Federal Government and others (Structural litigation over climate disaster in Rio Grande do Sul) - complaint

Filed

Brazil

Rio Grande do Sul

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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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

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

An integrated system of hazard monitoring, forecasting and prediction, that enables individuals, communities, governments, businesses and others to take timely action to reduce disaster risks in advance of hazardous events.

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

Dedicated pool of financial resources for climate-related projects.

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

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.

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

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

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

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

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.

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

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.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

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.

Electrical energy generated from mechanical devices driven by flowing fresh water.

People with different national or cultural traditions from the dominant population

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 whose health, both mental and physical, makes them more vulnerable to the effects of climate change

People who have left their homes, whether through force, voluntarily, or a mixture of both

woman and genders outside of the gender binary

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

The activities of industries that transforms raw materials into finished goods through industrial processes.

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

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

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

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

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

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

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

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

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

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

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.

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.

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.

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

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 Prosecutor’s Office and ANAB v. Federal Government and others (Structural litigation over climate disaster in Rio Grande do Sul) - complaint

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance