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Rio de Janeiro Public Prosecutor’s Office vs. Rio de Janeiro Municipality - complaint

Filing Year For Action

In April, 2026, the Public Prosecutor's Office of the State of Rio de Janeiro (MPRJ) filed a Public Civil Action (ACP), with a request for urgent relief against the Municipality of Rio de Janeiro to regulate the assessment of climate impacts and require climate diagnostic studies in environmental licensing processes, and to demand mitigation and compensation measures in projects that cause significant greenhouse gas (GHG) emissions in the city. The plaintiff argues that recurring extreme weather events place the fight against climate change at the center of the state's duties of environmental protection and that the Municipality of Rio de Janeiro, in Article 25 of Municipal Law 5.248/2011—which establishes the Municipal Policy on Climate Change and Sustainable Development—stipulates that environmental licenses for projects with significant GHG emissions will be linked to the presentation of an emissions mitigation plan and compensation measures. It is argued that despite this provision, the application of this rule is nonexistent, constituting an administrative omission, which hinders the proper assessment of impacts and the effectiveness of the municipal climate policy. 

The complaint alleges that, in September 2024, the Public Prosecutor's Office of Rio de Janeiro (MPRJ) issued Recommendation No. 02/2024 to the city's mayor, requesting, among other measures, the enactment of a regulatory act implementing Article 25 of Municipal Law 5.248/2011 within 90 days. In March 2025, a Technical Opinion from the Municipal Attorney General's Office concluded that the aforementioned article should be regulated by law and not by decree. It is argued that this opinion suggested the creation of a Working Group to discuss the issue, with the consequent formulation of a legislative proposal to be submitted to the City Council; however, up to the date of writing the initial petition, the MPRJ was unaware of the creation of the group. 

It is noteworthy that the city of Rio de Janeiro ranks 8th among the largest greenhouse gas (GHG) emitting municipalities in Brazil, with significant emissions from the waste, energy, and industrial processes sectors, all of which are subject to environmental licensing. It is also important to highlight that, between 2023 and 2025, there were significant local impacts of climate change from events such as intense rainfall, flash floods, and inundations, demonstrating that climate stability is inseparable from the protection of life and the well-being of the population. It is no coincidence that the city of Rio de Janeiro, through Municipal Law 7.315/2022, recognized the state of global climate emergency as a factor threatening humanity. 

Additionally, the complaint argues that international jurisprudence recognizes a stable climate as a fundamental human right, and Advisory Opinion 32/2025 (PC-32/2025) of the Inter-American Court of Human Rights (IACHR) recognized global warming as a violation of human rights. Finally, it argues that the requirement for emissions diagnostics/reporting must meet minimum technical criteria to ensure that the potential climate impacts of a given project are truly known and addressed in environmental licensing processes. As such, it requests that Article 25 be regulated as an urgent measure within a period not exceeding 120 days. This would make the granting and renewal of environmental licenses for projects with significant GHG emissions contingent on the presentation of an emissions mitigation plan and compensation measures, duly preceded by climate studies that ensure the identification and measurement of the impacts of activities and projects, the analysis of locational and technological alternatives, and the adoption of mitigation and compensation measures in all phases of the licensing process. It is further requested that, should the 120-day period pass without regulation, the Municipality begin requiring projects with significant GHG emissions to present an emissions mitigation plan and compensation measures duly preceded by climate studies in the licensing or renewal process. On the merits, confirmation of the requests made in the preliminary injunction is requested, making them definitive.


Rio de Janeiro Public Prosecutor’s Office vs. Rio de Janeiro Municipality

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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.

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

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

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

Dedicated pool of financial resources for climate-related projects.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

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 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 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 long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

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

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.

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.

Production of electricity and heat from solar irradiation.

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 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 that transforms raw materials into finished goods through industrial processes.

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.

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

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

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 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.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

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.

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

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.

Rio de Janeiro Public Prosecutor’s Office vs. Rio de Janeiro Municipality - complaint

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance