On July 19, 2024, the Instituto Internacional Arayara de Educação e Cultura - Instituto Arayara de Educação para a Sustentabilidade filed a Public Civil Action (CPA), with a request for an injunction, against the State of Rio Grande do Sul, seeking the implementation of a just energy transition process within the state. This includes a structured plan to ensure the decommissioning of the fossil fuel-powered thermoelectric sector and adopting a process to rebuild state infrastructure. The causes of action include the catastrophic consequences of the climate crisis experienced by the state; the fact that its fossil fuel-powered thermoelectric sector is one of the least efficient in Brazil, responsible for significant environmental liabilities and a large stock of emissions; and the state’s commitment under the Proclima 2050 program, which falls short of the state's needs in terms of energy transition. It is argued that the thermoelectric sector structure in Rio Grande do Sul contributes to climate change, and the Proclima 2050 program fails to provide truly effective guidelines for a just energy transition, which is critical given the increasingly frequent extreme weather events in the region.
In the injunction, it is requested that: 
(i) The State of Rio Grande do Sul be ordered to establish a participatory committee to develop a just energy transition plan, with diverse representation; 
(ii) The committee operates based on scientific data, hiring specialized consultancy to assist in its functioning; 
(iii) The plan formulated by the committee be presented within 180 days; and 
(iv) The State of Rio Grande do Sul be prohibited from granting tax exemptions, incentives, new licenses, or even carrying out reconstruction works for the fossil fuel-powered thermoelectric sector.

On the merits, it is requested that the action be granted, with confirmation of the urgent injunction.

An injunction was granted ordering the suspension of the contract signed by the state of Rio Grande do Sul for the preparation of the Just Energy Transition Plan, until the technical committee that has been negotiated between the parties is effectively established or until some other measure is consensually adopted. Furthermore, the Union of Workers in the Mineral Extraction and Processing Industry of Candiota – the Candiota Miners' Union – was granted permission to participate as amicus curiae.

A decision was issued in the context of Appeal No. 5002577-79.2025.8.21.7000 (State of Rio Grande do Sul - TJRS) granting the request for preliminary injunction sought by the State of Rio Grande do Sul to overturn the decision that granted the provisional injunction. In this decision, the court ordered the inclusion of the Federal Government as a defendant in the lawsuit, with the case being sent to the Federal Court, based on the following grounds: i) the initial claim is based on an international law treaty and has as its cause of action the Paris Agreement, therefore, it is the function of the Federal Government to represent the country in its international relations; ii) the exceptional nature of judicial control over public management activity, requiring the observance of the separation of powers; iii) the lack of sufficient basis to determine the suspension of an administrative contract, especially since the result of this contract is a study whose outcome will benefit environmental policies and foresees eventual revision. The decision was the subject of an internal appeal and a special appeal filed by the Arayara Institute.

In view of the content of the aforementioned decision, an order/decision was issued determining the registration of the Union as the defendant in the lawsuit, as well as the referral of the case file to the Federal Court. Jurisdiction having been declined, the case was definitively closed and distributed to the Federal Court of the 9th Federal District of Porto Alegre, under number 5054037-06.2025.4.04.7100.

A judgment was rendered dismissing the case without prejudice. The court recognized the connection (identity of parties and claims) between this action, understood as a contained action, and the Public Civil Action No. 5050920-75.2023.4.04.7100 - Instituto Preservar, AGAPAN and Núcleo Amigos da Terra vs. União Federal and others (Climate emergency in the state of Rio Grande do Sul), understood as a containing action, which discusses the just energy transition regarding the coal mining sector within the State of Rio Grande do Sul. Since the containing action, whose object would be more comprehensive, has already been decided, the case was dismissed in order to avoid conflicting judgments.

The plaintiff filed an appeal, arguing a profound difference in content, scope, and purpose between the claims of both actions, thus making the application of the principle of joinder of actions inadmissible. The plaintiff requests the reversal of the appealed judgment, recognizing the absence of joinder of actions between the present class action and class action no. 5050920-75.2023.4.04.7100, and ordering the regular continuation of the proceedings.

Instituto Arayara vs Estado do Rio Grande do Sul e União Federal (Just Energy Transition on Rio Grande do Sul State)

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Instituto Arayara vs Estado do Rio Grande do Sul e União Federal (Just Energy Transition on Rio Grande do Sul State) - 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

A tax advantage is a fiscal incentive where the government reduces or exempts selected activities, goods or actors from taxes.

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

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.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

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

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

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.

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.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

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.

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

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

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

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

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

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

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

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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.

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

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.

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.

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.

Instituto Arayara vs Estado do Rio Grande do Sul e União Federal (Just Energy Transition on Rio Grande do Sul State) - complaint

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance