Attorney General's Office (in Portuguese).

On November 11, 2020, seven political parties in Brazil (Partido Socialista Brasileiro (PSB) and six others) brought an action against the federal government for violating fundamental constitutional rights by failing to implement the national deforestation policy, and thereby contributing to dangerous climate change. The political parties, organized by a coalition of nongovernmental organizations (NGOs), allege that by failing to implement Brazil's Action Plan for Prevention and Control of the Legal Amazon Deforestation (PPCDAm), the federal government violated the fundamental rights of indigenous peoples and present and future generations. 

The suit demands that the federal government and its bodies implement the PPCDAm and suggests the Court set benchmarks for compliance including: (i) meet an 80% deforestation rate reduction relative to the 1996-2005 average by 2021, (ii) enact a temporary moratorium on all deforestation until 2022 if that rate cannot be reached by 2021, and (iii) increase the power of federal authorities to set penalties for illegal deforestation. 

The coalition of NGOs organized the lawsuit and compiled evidence of the government's suspended enforcement of the PPDCAm. According to the NGOs, Brazil saw a 34% increase in the Amazon deforestation rate between 2018 and 2019. Due to procedural requirements for such an action alleging the violation of a fundamental constitutional right, heard directly at the Federal Supreme Court (STF), the NGOs organized seven political parties to bring the case. 

On November 24, 2020, the STF's Minister Carmém Lúcia received the complaint and granted several request from NGOs for admission as amicus curiae. Subsequently, the Attorney General's Office requested the rejection of the claim. On September 20, 2021, the Attorney General argued that an Action for Noncompliance with a Fundamental Precept (ADPF) cannot impose on the Executive Branch how to manage illegal deforestation in the Amazon Forest. In addition, the Attorney General argued that both the Presidency and the Ministry of the Environment are taking the appropriate measures  to preserve the Amazon. As such, the requests are incompatible and must be considered unfounded by the court.

On March 18, 2022, the minister and president of the STF, Luiz Fux, admitted seven environmental cases on the agenda for March 30, 2022 (including two climate cases, this case and <a href="https://climatecasechart.com/non-us-case/psb-et-al-v-brazil/">ADO59</a>). This move by the STF is considered  historical, and was called the "green agenda."

Due to the similarity of the objects of this ADO (54) and ADPF 760, the Rapporteur of both, Minister Carmen Lúcia, decided to judge them together. In a plenary session, the Justice acknowledged and upheld the actions. In her vote, the Justice stated that the right to an ecologically balanced environment is a fundamental right provided for in the Constitution and in international treaties to which Brazil is a party. The Minister emphasized the principle of the prohibition of environmental retrogression and considered that there was a process of normative "termite infestation" taking place silently, through the dismantling of the state's bureaucratic-normative apparatus. This phenomenon is only visible with a general analysis of the existing framework in the country. It recognized the unconstitutional state of affairs regarding the illegal deforestation of the Amazon rainforest. It ordered the resumption of the Action Plan for the Prevention and Control of Deforestation in the Legal Amazon (PPCDAm) by the Federal Union and the competent federal bodies. After the Reporting Justice's vote, Justice André Mendonça asked to see the case file and so the judgment was suspended.

On April 6, 2022, following Supreme Federal Court (STF) minister Cármen Lúcia´s decision that the Federal Government should resume the PPCDAm (Action Plan for the Prevention and Control of Deforestation in the Amazon Region) within the framework of ADPF 760, Minister André Mendonça requested further information, effectively putting the brakes on the ruling. In addition to determining that the Federal Government should set out a plan to combat deforestation following the guidelines of the PPCDAm (Action Plan for the Prevention and Control of Deforestation in the Amazon Region) within the next 60 days, the Minister-Rapporteur also took the stance that in the ruling of ADPF 760 and <a href="https://climatecasechart.com/non-us-case/ado-54-amazon-deforestation/">ADO54</a>), the STF should collaborate in strengthening government organs linked to the social-environmental agenda, like Funai (National Indian Foundation), Ibama (Brazilian Institute for the Environment and Renewable Natural Resources) and ICMBio (the Chico Mendes Institute of Conservation of Biodiversity), given the shortcomings that exist at the government level. She went on to acknowledge the “situation of unconstitutional aspects regarding illegal deforestation in the Amazon Rainforest and the failure of the Brazilian state concerning the role of protecting an ecologically balanced environment”. The minister further stated that “the right to an ecologically balanced environment is one of the human rights included in agreements that Brazil has committed to”, not only in the Constitution but also in international pacts.

On April 3rd, 2024, ADPF 760 and ADO 54 were partially upheld. The Court did not declare the state of affairs unconstitutional but recognized the existence of structural flaws in the policy of protecting the Legal Amazon. It ordered the Federal Government to make a "significant commitment" to combating illegal deforestation in the biome and determined that it should adopt measures to implement the PPCDAm, strengthen the inspection bodies IBAMA, ICMBio, and Funai and the Federal Government should present transparent information on the actions and results of the measures adopted in compliance with the STF's orders and that the data on the measures adopted by the Executive Branch should be submitted to the CNJ's Observatory on the Environment and Climate Change in the Judicial Branch.

The judgment was published on June 26, 2024, and the case is in the process of compliance with the decision.

PSB et al. v. Brazil (on deforestation and human rights)

<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>

PSB et al. v. Brazil (on deforestation and human rights) - points of claim

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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

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

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

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

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

Dedicated pool of financial resources for climate-related projects.

Using laws and the legal system more broadly to protect vulnerable entities

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.

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.

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.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

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.

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

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.

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 the wholesale and retail selling of goods.

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

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

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 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.

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.

PSB et al. v. Brazil (on deforestation and human rights) - points of claim

Target

Policy instrument

Risk

Impacted group

Just transition

Greenhouse gas

Economic sector

Adaptation/resilience

Finance