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

Six Youths v. Minister of Environment and Others

Filing Date: 2021
Reporter Info: Ação Popular nº 5008035-37.2021.4.03.6100
Status: Pending
Case Categories:
  • Suits against governments
    • GHG emissions reduction and trading
      • Other
Jurisdictions:
  • Brazil
    • Sao Paulo
      • 14th Federal Civil Court of Sao Paulo
Principal Laws:
  • UNFCCC
    • Paris Agreement
  • Brazil
    • National Climate Change Policy (Law No. 12187 of 2009)
Summary:

This is a Popular Action, with a request for an injunction, filed by young activists who are members of the Engajamundo and Fridays for Future Brasil movements, against Ricardo de Aquino Salles (in his capacity as Minister of the Environment), Ernesto Henrique Fraga Araújo (former Minister of State for Foreign Affairs) and the Federal Union.

Youths claimed that the 2020 submission of its Nationally Determined Contribution (NDC) was less ambitious than the previous one, presented in 2015, in breach of the Paris Agreement (enacted by Federal Decree 9.073/2017). The 2020 Brazilian NDC would allow the country to reach the year 2030 emitting between 200 million and 400 million tons of carbon dioxide equivalent (CO2e) more than proposed in 2015. Youths claimed that the reduction of Brazil's climate ambition through the use of accounting artifice constitutes "climate pedaling" and requested an injunction until the effects of the new NDC were determined and it was updated in accordance with the progressiveness required by the Paris Agreement. Youth asked that: (i) the 2020 NDC be declared null; (ii) the defendants present an NDC with the percentages of reduction of CO2e emissions increased beyond the necessary limit, aiming at the fulfillment of the commitment of progressiveness of the Paris Agreement; and (iii) condemning the defendants to pay damages for their actions.

A monocratic decision was handed down from the Federal Civil Court of São Paulo that recognized the competence of the Court, since the Paris Agreement was signed and promulgated internally, but rejected the injunction, as it was not possible, summarily, to state that the new NDC did not reflect the greatest possible ambition. After the decision, the defendants filed a contestation, alleging preliminarily the absence of domestic jurisdiction to analyze the matter on the grounds that: (i) acts of sovereignty practiced at the international level are not subject to internal control by the ordinary civil jurisdiction and bind States in terms of foreign relations; (ii) no connecting elements between the subjection of the matter to national jurisdiction were presented; (iii) the Paris Agreement provided for its own dispute settlement mechanism; and (iv) there was no harmful act, as Brazil continues to play a leading role in mitigating the effects of climate change with the greatest possible ambition, in addition to the update being in line with the international best practices.

At Issue: Whether Brazil's updated NDC violated the Paris Agreement and Brazil's constitution by decreasing its ambition.
Case Documents:
Filing Date Type File Summary
04/13/2021 Complaint Download Initial petition (in Portuguese).
05/28/2021 Decision Download Preliminary decision (in Portuguese).
07/01/2021 Reply Download Contestation (in Portuguese).

© 2023 · 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.