Brazil

Parents for Future Brazil v. State Government of Sao Paulo (“Famílias pelo Clima vs. Governo do Estado de São Paulo”)

Jurisdiction: Court of Justice of Sao Paulo


Principle law(s): Law 12.187/2009, establishing the National Policy on Climate Change (NPCC), regulated by Decree 7.390/2010


Side A: Parents for Future (Ngo)


Side B: State of Sao Paulo (Government)


Core objectives:

Whether the State of Sao Paulo must disclose climate and budget impacts of an automaking fund.


Summary
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 incentivize automaking in the state. Plaintiffs allege that the fund offers financing without requiring any climate mitigation efforts on the part of the carmakers. Plaintiffs justify their demand for evidence on the implementation of the program on the grounds that the program is potentially illegal for failing to minimize greenhouse gas emissions, in violation of the State of Sao Paolo’s Climate Change Plan. On January 12, 2021, the Court accepted the lawsuit, and on February 11, 2021, the Court denied the government’s motion to withhold some information on confidentiality grounds.
Case documents

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