This is an Argument for Failure to Comply with a Fundamental Precept (ADPF), with a request for an injunction, filed by four political parties (Partido Socialismo e Liberdade - PSOL; Partido Socialista Brasileiro - PSB; Partido dos Trabalhadores - PT; Rede Sustentabilidade) against the Federal Union and the states of Mato Grosso and Mato Grosso do Sul. The aim is for the defendants to present a plan for fire management and prevention in the Pantanal and to take measures to prevent new fires in the region. The plaintiffs allege that the federal government has been dismantling the policies of environmental protection agencies, which provokes the advance of fires in the Pantanal, including on indigenous lands, as well as failing to present plans to prevent new fires. They discuss the fires that occurred in the region in 2020.
They point out that it is the responsibility of the defendant states, in conjunction with the Federal Government, to inspect and monitor the outbreaks of fire that occur in disagreement with current legislation. They emphasize the importance of the biome, especially for the water cycle in various Brazilian regions, for the communities that depend on it, and for the control of greenhouse gas (GHG) emissions, as well as for compliance with the National Policy on Climate Change - PNMC (Federal Law 12.187/2009). Thus, the plaintiffs argue that the government's omission goes against the duties set out in articles 225, 231 and 23, caput and items VI and VII, of the Federal Constitution and the principles of legality, morality and transparency.
As a precautionary measure, they request, under penalty of fine: (i) that the Federal Government present an action plan, measures and Integrated Fire Management (IFM) program to prevent fires in the Pantanal in 2021 and hire firefighters; (ii) that the IFM be reviewed and its implementation monitored by the 4th Chamber of Coordination and Review of the Federal Public Prosecutor's Office (Environment and Cultural Heritage); (iii) that the defendant entities be ordered to concentrate information and measures on the fires in a single publicly accessible system; and (v) that the presentation of plans and measures to prevent the recurrence of fires in the Pantanal be ordered. In the final analysis, the precautionary measures should be confirmed.
Case Documents:
Filing Date | Type | File | Summary |
---|---|---|---|
06/22/2021 | Petition | Download | Initial Petition from PSOL, PSB, PT and REDE (in Portuguese) |