• Skip to main content
  • Home
  • Contact
  • About
  • Search
    • Search US
    • Search Global
  • Global Litigation
  • U.S. Litigation

Clara Leonel Ramos and Bruno de Almeida de Lima vs. State of São Paulo (Families for the Climate and IncentivAuto Program)

Filing Date: 2020
Reporter Info: 1047315-47.2020.8.26.0053
Status: Decided
Case Categories:
  • Suits against governments
    • Human Rights
      • Youth/Children
  • Suits against governments
    • Access to information
Jurisdictions:
  • Brazil
    • Sao Paulo
      • Court of Justice of Sao Paulo
Principal Laws:
  • Brazil
    • State Policy on Climate Change – PEMC (State Law 13798/2009)
  • Brazil
    • Federal Constitution
      • art. 225
  • Brazil
    • PNMC (Federal Law 12 187/2009)
  • Brazil
    • State Decree 61.130/2019
Summary:

This is an Autonomous Action for the Advance Production of Evidence proposed, against the State of São Paulo, by two individuals, both from the Families for the Climate movement, in order to obtain documents on the implementation of the IncentivAuto Program - Automotive Regime for New Investments, instituted by State Decree 61.130/2019. The applicants justify that these documents may subsidize or prevent the filing of a class action. The program provides for the granting of financing to automotive vehicle manufacturers to carry out projects to expand their industrial plants, implement new factories or develop new products. The applicants allege that there is potential illegality for IncentivAuto to finance projects that do not minimize the reduction of greenhouse gas (GHG) emissions, in disagreement with the State Policy on Climate Change - PEMC (State Law 13,798/2009) and with the federal polity on climate change - PNMC (Federal Law 12,187/2009). In addition, they are based on the potential harm to the treasury and the environment in view of the use of resources from the Fund for Support to Taxpayers of the State of São Paulo (FUNAC) to finance projects that stimulate polluting actions, without observing the need to make the socioeconomic development with the protection of the climate system. The applicants highlight the vulnerability of children and adolescents to air pollution and the impacts of climate change. Thus, they require the production of documentary evidence referring to projects submitted to IncentivAuto.

The State of São Paulo presented an opposition alleging that the applicants do not have legitimacy to defend the environment or the rights of children and adolescents and states that the claim is too generic. Furthermore, the State of São Paulo argues that the refusal to present documents was legitimate. Thus, the defendant State concludes by (i) lack of legitimacy and interest in the production of evidence, (ii) untying of the protection of the intended right to the objective facts to be proved with the documents and (iii) existence of secrecy in relation to the documents.

There was a decision by the court granting the request for the presentation of part of the information required and the exhibition of documents by the State of São Paulo, and a decision was later handed down dismissing the case.

At Issue: Whether the State of São Paulo had the obligation to share documents related to the implementation of the IncentivAuto Program.
Case Documents:
Filing Date Type File Summary
06/10/2021 Decision Download 06/2021 Judgment deeming the case extinct.
01/09/2021 Decision Download 01/2021 It partially accepts the challenge and determines the presentation of part of the documents required in the Initial Petition.
11/12/2020 Not Available Download 11/2020 Opposition to the requests of the Initial Petition, alleging (i) illegitimacy of the applicants to defend diffuse and unavailable interests of third parties, (ii) disconnection of the right that is intended to protect with the objective facts to be proved with the documents and (iii) existence of confidentiality that justifies the limitation of access to information.
09/10/2020 Petition Download 09/2020 Members of the Families for the Climate movement demand the exhibition of documents referring to the investment program in the IncentivAuto automobile sector in the State of São Paulo.

© 2022 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.