Brazil
Law 12.187/2009, establishing the National Policy on Climate Change (NPCC), regulated by Decree 7.390/2010
Legislative
The Decree regulates articles of the Law relating to the National Plan on Climate Change, National Fund on Climate Change, and Action Plans on Deforestation Prevention and Control in national biomes; the Sector Plans on climate change mitigation in key economic sectors - the Article set the precedent for inclusion of the Clean Development Mechanism and Nationally Appropriate Mitigation Actions (NAMAs) in these Plans; and the national voluntary emission reduction commitment.
Foresees the promotion and development of scientific and technological research concerned with mitigation and strengthening of carbon sinks; reduction of uncertainty in national and regional climate projections; and adaptation measures.
The Law recommends the establishment of the Brazilian Emissions Reduction Market (MBRE). It incorporates the National Plans for Prevention and Control of Deforestation in national biomes.
Documents
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Reduce between 36.1% and 38.9% of its projected emissions by 2020 against a 2010 baseline
Related litigation cases
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Federal Environmental Agency (IBAMA) v. Siderúrgica São Luiz Ltd. and Martins
In July 2019, Brazil’s Attorney-General’s Office (“Advocacia-Geral da União”), representing the Federal Environment Agency (“IBAMA”), filed a public civil action (environmental class-action) against a steel company (Siderúrgica São Luiz Ltda.) and its managing partner (Mr. Martins), for environme...
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PSB et al. v. Brazil (on Climate fund)
On June 5, 2020, four political parties filed a Direct Action of Unconstitutionality for Omission, before the Federal Supreme Court to challenge the Federal Union's alleged failure to adopt administrative measures concerning the Climate Fund. The National Climate Change Fund (Fundo Clima), create...
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Institute of Amazonian Studies v. Brazil
On October 8, 2020, the Institute of Amazonian Studies (Instituto de Estudos Amazônicos - IEA) filed a Public Civil Action (class action) against the Federal Government of Brazil, seeking recognition of a fundamental right to a stable climate for present and future generations under the Brazilian...
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Six Youths v. Minister of Environment and Others
On April 13, 2021, six young climate activists filed suit alleging that the government of Brazil, by using a carbon trick manoeuvre in its updated Nationally Determined Contribution (NDC) to the Paris Agreement, violated obligations under the Paris Agreement and Brazilian law. Brazil submitted an...
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Parents for Future Brazil v. State Government of Sao Paulo (“Famílias pelo Clima vs. Governo do Estado de São Paulo”)
On September 25, 2020, a community group called Parents for Future Brazil sued the State Government of Sao Paulo seeking disclosure of the budgetary and climate impacts of the IncentivAuto program, an over $150 million fund designed to incentivise automaking in the state. Plaintiffs allege that t...
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Instituto Preservar et. al. v. Copelmi Mineração Ltda. and IBAMA
In May 2021, four NGOs (AGAPAN, INGÁ, COONATERRA-BIONATUR and CEPPA) filed a request for precautionary measures against the Brazilian environmental agency, IBAMA, and Copelmi, a mining company, related to an open-pit coal mining project within the Nova Seival coal-fired power plant, which, if app...
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Ministério Público Federal v. IBAMA
On April 24, 2020, the Ministério Público Federal (MPF) requested a preliminary injunction asking the federal government to immediately promote command-and-control measures to prevent deforestation in at least ten areas with the highest incidence of environmental crimes in the Amazon rainforest. ...
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Laboratório do Observatório do Clima v. Minister of Environment and Brazil
On October 26, 2021, Observatório do Clima (OC), a network of 71 civil society organizations, filed a class action at the federal court of Amazonas against the Environmental Ministry and Brazilian government. The plaintiffs request that the National Climate Change Policy be updated according to t...
