On September 25, 2020, two individuals from the global movement Families for the Climate, filled an Autonomous Action for the Advance Production of Evidence against the State of São Paulo to obtain documents on the implementation of the IncentivAuto Program - Automotive Regime for New Investments. The plaintiffs reason that these documents could support or prevent the filing of a class action lawsuit. The program provides financing to motor vehicle manufacturers to carry out projects to expand their industrial plants, set up new factories or develop new products. The plaintiffs allege that it is potentially illegal 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 the National Policy on Climate Change - PNMC (Federal Law 12.187/2009). In addition, they argue that the use of resources from the São Paulo State Taxpayers Support Fund (FUNAC) to finance projects that stimulate polluting action is potentially damaging to the treasury and the environment, without taking into account the need to make socio-economic development compatible with protecting the climate system. The applicants stress the vulnerability of children and adolescents to air pollution and the impacts of climate change. They therefore request the production of documentary evidence relating to projects submitted to IncentivAuto.
On November 16, 2020, the State of São Paulo offered a reply 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.
On January 12, 2021, the court granted the request to provide part of the information requested and for the State of São Paulo to show the documents. Afterwards there was a judgment deeming the case extinct.
Case Documents:
Filing Date | Type | File | Summary |
---|---|---|---|
09/10/2020 | Petition | Download | 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. |
09/25/2020 | Petition | Download | Unofficial translation of petition. |
11/12/2020 | Reply | Download | 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. |
01/09/2021 | Decision | Download | Decision partially accepting the case and determining the presentation of part of the documents required in the Initial Petition. |
01/12/2021 | Decision | Download | Interlocutory order (unofficial translation). |
06/10/2021 | Decision | Download | Judgment deeming the case extinct. |