The Court determined a series of measures for the Brazilian government to reestablish environmental policies. Decision was made during the trial of ADPF 760
Unanimously, the Federal Supreme Court (STF) recognized the existence of an unconstitutional state of affairs during the Bolsonaro government in environmental matters in the country. For the Court, there was a massive violation of socio-environmental rights, promoted by a series of omissive and commissive acts, attacks on the environment.
The decision took place within the scope of the judgment of the Claim of Non-Compliance with Fundamental Precept (ADPF) 760, one of the most important actions presented by civil society in the Supreme Court, which contested the dismantling of socio-environmental policies in the country and demanded a series of measures, such as resumption of the Action Plan for the Prevention and Control of Deforestation in the Amazon (PPCDAM), the achievement of the climate target of deforesting a maximum of 3.925 km² annually, of eliminating deforestation in protected areas and of providing institutional strengthening to socio-environmental bodies, including in terms of budget and human resources.
The action, presented in 2020, was conceived by a coalition of ten environmental and human rights organizations, including the Socioenvironmental Institute (ISA), together with the parties PSB, PDT, Rede, PV, PT, PSol and PCdoB. The trial of ADPF 760 began in 2022, when the STF ruled the "Green Pack", a set of seven actions that called for tackling climate change. That year, civil society was also mobilized in the “act for the earth”, which brought together dozens of artists in Brasília to demand environmental protection.
In this Thursday's decision (14/03), the Supreme Court also understood that Brazil is currently experiencing the reconstitutionalization of its environmental policy, but that this is a process that is still ongoing and not finished. “From the moment governmental conduct was practiced, there was an inflection of the executive power towards stopping the herd (as was said by a former Minister of the Environment) and from that point on, treating the environment with the necessary seriousness” , Minister Alexandre de Moraes stated in his vote.
"The STF's decision in favor of the environment and the fight against the climate emergency is historic", celebrates Maurício Guetta, ISA's legal consultant. "Environmental policies, especially those to combat deforestation in the Amazon, are expressly qualified as State policies , which cannot be neglected and must be satisfactorily and progressively fulfilled by this and the next governments, with setbacks being prohibited, including from a budgetary point of view. The goals and results defined by the STF give concreteness to the Court's conclusion regarding the effectiveness of state actions. ".
The Court determined the following measures:
a) Effective Reduction of Deforestation in the Legal Amazon:
- By 2027, implementation of measures to effectively reduce deforestation in the Legal Amazon, aiming to reach the target of 3.925 km² of annual deforestation rate, representing an 80% reduction in relation to the average verified between 1996 and 2005.
- Continuous reduction, until the effective elimination, of the levels of illegal deforestation in Indigenous Lands (TIs) and federal Conservation Units (UCs) in the Legal Amazon, respecting the rights of indigenous populations and traditional communities.
b) Inspection and Investigation of Environmental Offenses:
- Effective implementation of monitoring and investigation instruments for environmental infractions in the Legal Amazon, including the actions of IBAMA, ICMBio and Funai against illegal deforestation, timber and animal trafficking, as provided for in the Action Plan for the Prevention and Control of Deforestation in the Legal Amazon (PPCDAM).
c) Institutional Strengthening and Transparency:
- Preparation of a specific institutional strengthening plan for IBAMA, ICMBio and Funai, with a guarantee of budgetary allocation, release of resources from the Amazon Fund, no contingency of resources and opening of extraordinary credit and improvement, increase and capacity of personnel for combat effective deforestation.
- Presentation of monthly reports in accessible and transparent language on the actions and results of the measures adopted, made available on a public website, integrated into the National Environmental Information System (SINIMA).
d) Monitoring and Accountability:
- Submission of monthly reports to the Observatory of the Environment and Climate Change of the National Council of Justice, related to measures to combat deforestation, inspection and implementation of the PPCDAm, until December 2023.
Depositions:
Nauê Bernardo Azevedo, specialist in Strategic Litigation at the Climate Observatory (OC):
“The Supreme Court takes a historic step in the protection and preservation of the environment in Brazil. The result of this action establishes a new level of ecological existential minimum, more protective and requiring more dedication from the Brazilian state on the issue. Now it needs to spread to all biomes and for Congress to assume its share of responsibility in transforming Brazil into a global environmental leader.”
Suely Araújo, Senior Specialist in Public Policies at the Climate Observatory (OC):
“This is a historic legal action that changed the way the STF analyzes environmental causes. The conclusion is that omissions in the fulfillment of the Public Power's duties regarding the control of deforestation and other forms of environmental degradation cannot be accepted. Resources and effective action must be ensured.”
Angela Barbarulo, legal manager at Greenpeace Brazil:
“Greenpeace Brazil celebrates this historic decision by the STF, which determines compliance with the targets on climate change established by national legislation and international agreements assumed by Brazil, as well as establishing that the Union and its respective bodies adopt sufficient and effective measures to comply with the constitutional duty to defend, protect and monitor the environment. This is a commitment of the Brazilian State to current and future generations, and cannot be subject to the fluctuations of the current government."
Julia Neiva, director of Conectas Human Rights:
"The STF's decision reinforces the importance of the environmental agenda to fully achieve human dignity and fundamental rights, since a balanced environment is crucial for a prosperous present and future. This historic judgment has the power to strengthen the human right to a healthy environment, ensuring the recent determination of the United Nations and allowing the realization of other fundamental rights."
Guilherme Lobo, lawyer at Instituto Alana:
"The Supreme Court, on this occasion, contributes to Brazil deepening its commitment to future generations and the lives of all children and adolescents. It is an important step in the interpretation of the concept of intergenerational justice, which comprises the duties of present generations for the existence and living conditions of future people. In compliance with articles 225 and 227 of the Federal Constitution, the Supreme Court also moves forward to guarantee all children and adolescents, with absolute priority, the right to an ecologically balanced environment."
Press contact:
Carolina Fasolo – Instituto Socioambiental (ISA)
(61) 99908-9894 | press@socioambiental.org
*Participated in the action: Instituto Socioambiental (ISA), Article 19, Articulation of Indigenous Peoples of Brazil (Apib), Conectas Human Rights, National Council of Extractive Populations (CNS), Engajamundo, Greenpeace Brasil, Instituto Alana, Observatório do Clima and Terrazul .