PSB et al. v. Brazil (on Climate fund)
Jurisdiction: Federal Supreme Court (STF)
Principle law(s): Law 12.187/2009, establishing the National Policy on Climate Change (NPCC), regulated by Decree 7.390/2010,Decree No. 9.578 consolidating executive regulations on Climate Change
Side A: Rede Sustentabilidade (Ngo)
Side A: Partido dos Trabalhadores (PT) (Individual)
Side A: Partido Socialismo e Liberdade (PSOL) (Individual)
Side A: Partido Socialista Brasileiro (PSB) (Individual)
Side B: Brazil (Government)
Core objectives: Four political parties filed a Direct Action of Unconstitutional Omission to the Federal Supreme Court to compel the Ministry of the Environment to resume the activities of the Climate Fund.
SummaryOn 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), created by Law 12.114/2009, is an instrument of the National Policy on Climate Change (PNMC, Law 12.187/2009) and aims to ensure that resources support projects or studies and finances activities aimed at mitigating and adapting to climate change and its effects.
Subsequently, Minister Luís Roberto Barroso issued an order determining that the participation of all interested parties that met the criteria of i) representativeness, (ii) technical specialization and expertise of the exhibitor would be admitted; and (iii) guaranteeing plurality in the composition of the audience and different points of view to be defended. On February 2, 2021, the Court ordered the Federal Government and the Economic and Social Development Bank (BNDS) to be summoned to submit information on the resources allocated to the Climate Fund and on the total amount spent on projects and financing linked to the Climate Fund.
- Concurring decision (in English). (English)
- Decision (unofficial translation) (English)
- Concurring decision (in Portuguese). (Portuguese)
- Decision (in Portuguese). (Portuguese)
- Rejection of the anticipation of guardianship (In Portuguese). (Portuguese)
- Decision (Portuguese)
- Criteria for participation of interested parties in the hearing (In Portuguese) (Portuguese)
- Hearing Convocation (In Portuguese) (Portuguese)
- Petition (Portuguese)
Related laws and policies
Law 12.187/2009, establishing the National Policy on Climate Change (NPCC), regulated by Decree 7.390/2010
This law creates the NPCC with the following key areas of concern: combining climate protection with socio-economic development; reducing anthropogenic GHG emissions from all its sources and strengthening GHG sinks; adaptation; preservation, conservation and recuperation of national biomes; land ...
Decree No. 9.578 consolidating executive regulations on Climate Change
This Decree consolidates the normative acts issued by the Federal Executive Power about the National Climate Change Fund regulated by Law No. 12.114 of December 9, 2009, and the National Policy on Climate Change, regulated by the Law No. 12.187 of December 29, 2009, in compliance with the provisi...