On December 29, 2022, the political party Rede Sustentabilidade (Rede) filed a Direct Action of Unconstitutionality (ADI), with a request for injunctive relief, against the State Law 18,330/2022, which institutes the Policy for Just Energy Transition of the State of Santa Catarina. The case is supported by Instituto Internacional Arayara de Educação e Cultura (Instituto Internacional Arayara) as amicus curiae. Rede's action questions the constitutionality of State Law 18,330/2022, which refers to electricity generation and the need for a just energy transition in the state of Santa Catarina. However, the State Law allows the use of non-renewable sources through coal-fired thermoelectric plants, arguing that these are fundamental for maintaining energy security. The plaintiff argues that, in reality, the law is nothing more than a "legislative façade" to perpetuate the role of coal in the state's energy system. The law does not present guidelines for the reduction of greenhouse gases (GHGs) or even the abatement of carbon dioxide (CO2) emissions from activities related to the coal production chain. There is also no deadline for abandoning the use of coal; on the contrary, it foresees the installation of new industrial complexes that will use this fossil fuel. Finally, the law establishes tax and credit incentives for the coal production chain, also without any time limit. The plaintiff argues that these incentives make it possible to indirectly fund the purchase of electricity derived from the burning of coal and fossil fuels. Considering that the State Policy for Just Energy Transition, in fact, serves to foster the use of coal and, consequently, an increase in GHG emissions, the plaintiff claims it violates the Federal Constitution and the Paris Agreement, as well as the National Policy on Climate Change - PNMC (Federal Law 12,187/2009). The petition mentions several international organizations and their agendas which plan to eliminate the use of fossil fuels - especially coal - to show that the policy is a setback compared to the rest of the world and contradictory to the concept of a just transition. The plaintiff points out that the use of coal for energy generation is responsible for socio-environmental disasters in the region, the worsening of climate change, and damage to the public health, especially for populations already suffering from socio-economic disadvantages. It also challenges the provision in article 42 of the Law that excludes liability for environmental damage in the case of use of resources from duly licensed activities. Finally, it argues that the membership of the Council responsible for implementing the policy violates the principles of participatory democracy and equality, as there is an unequal number of seats allocated to government and civil society organizations and its composition does not reflect the participation of actors involved in environmental and labor causes and the sustainable closure of mines.
The plaintiff alleges several formal defects in the legislative process and material violations of numerous provisions of the Federal Constitution, including (i) article 1, which provides for participatory democracy; (ii) article 5, clause 1, providing for the principle of equality; (iii) article 6, establishing social rights; (iv) article 170, clauses 5 and 6, establishing the principles of consumer protection and sustainable development in the economic order; (v) article 196, which provides for the fundamental right to health; and (vi) article 225, which provides for the fundamental right to an ecologically balanced environment. Thus, the plaintiff calls for, as a precautionary measure, the suspension of the effects of several articles of State Law 18,330/2022, considered unconstitutional, as well as, by extension, all of its provisions. As a final measure, the plaintiff requests the confirmation of the injunction, with the granting of the action, for the declaration of unconstitutionality of several articles of the Law and, consequently, all of its provisions.
|12/29/2022||Petition||Download||Initial petition (in Portuguese)|