Case Law Database
Six Youths v. Minister of Environmental Affairs
| Date of Application: | Tue, 13 Apr 2021 |
|---|---|
| Date of Decision: | Fri, 07 Jun 2024 |
| Decision Making Body: | Sao Paulo Federal Court |
| Law Applied: | Brazil National Climate Change Policy (Law No. 12187 of 2009) Paris Agreement |
| Keywords: | Popular Action, Injunction, Damage |
| Full Case Details - Download Full Judgment (pdf) |
Six Youths v. Minister of Environmental Affairs and others Ação Popular nº 5008035-37.2021.4.03.6100
At Issue: Whether Brazil's updated NDC violated the Paris Agreement and Brazil's constitution by decreasing its ambition.
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.
On November 30, 2023, the Federal Government signed an agreement with the group of young environmentalists who filed the lawsuit to settle the case and bring it to an end. The agreement, in addition to recognizing that Brazil's commitment to the Paris Agreement has been resumed, provides for the country's next climate target to be set transparently and with broad participation from civil society. The agreement was ratified by the court in June 2024.
In September 2024, the case was definitively closed.
Six Youths v. Minister of Environment and Others - Climate Change Litigation
Summary provided courtesy of the Sabin Centre
Court documents:
Related CRC articles
- 6. Right to life, survival and development (CRC Article 6)
- 12. Right to express views freely and have these taken into account (CRC Article 12)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
The applicants rely on the right to a safe environment.
The applicants sought to ensure participatory decision-making processes for this purpose through including civil society representatives.
“In addition to this principle, compliance with the Paris Agreement reinforces the observance of other constitutional commandments established in article 225, which are also harmed by the climate "pedaling" in question. They are: (i) the duty to preserve and restore ecological processes, promoting the ecological management of ecosystems (CF/88, art. 225, § 1, item I); (ii) define territorial spaces and components to be specially protected (§ 1, III); control the production, commercialization and use of techniques, methods and substances that pose a risk to life, quality of life and the environment (§ 1, V); and to protect fauna and flora (§ 1, VII).”
In the settlement agreement (unofficial translation):
“CLAUSE THREE - PARTICIPATION OF CIVIL SOCIETY 3.1 The Union, in order to reinforce its commitment to the fight against climate change and its global leadership role on the subject, undertakes to ensure that the process of building the country's new climate target, to be communicated to the United Nations Framework Convention on Climate Change in 2025, is marked by the transparency of information and the broad participation of the various sectors of civil society, making the best efforts to present more ambitious climate goals, in line with the guideline of participation in the development and execution of policies, plans, programs and actions related to climate change.”
Involvement of children in hearings
- Written presentation
Intergenerational rights
Application (unofficial translation):
“In this sense, therefore, the Authors, members of organizations formed and led by young people, represent themselves in guaranteeing the future of their lives, but also those of their children, grandchildren and great-grandchildren.”
Future generations
Application (Unofficial translation):
“ACTIVE LEGITIMACY. According to Law No. 4,717/1965, the active pole of the popular action must only prove Brazilian citizenship and good standing with the Electoral Court in order to be able to file a lawsuit (art. 1, § 3). Even so, it should be noted that the theme addressed in this Popular Action is of interest mainly to future generations.”
“The right to an ecologically balanced environment provided for in article 225, caput, of the Federal Constitution includes the duty of the community to defend and preserve it not only for the present, but also for future generations. Thus, the non-observance in the present of measures aimed at ensuring a balanced environment for the future of our young people considerably reinforces their legitimacy to be in the active pole of actions that demand answers and decision-making from the Government in the present to prevent the planet from reaching the so-called "point of no return" faster.”
“According to the Federal Constitution, seeking in the present means to actively protect the environment of the world in which they will live as adults is not only a prerogative of youth, but a duty. Once again remembering the lesson of Hans Jonas: future generations have the right to be able to fulfill their duties to their future generations.”
Outcome of decision for the applicants
- Relief sought by applicants PARTIALLY granted
On November 30, 2023, the Federal Government signed an agreement with the group of young environmentalists who filed the lawsuit to settle the case and bring it to an end. The agreement, in addition to recognizing that Brazil's commitment to the Paris Agreement has been resumed, provides for the country's next climate target to be set transparently and with broad participation from civil society. The agreement was ratified by the court in June 2024.
Did outcome of decision develop the law
- No
Involvement of NGO/law firm in application
The proponents are part of the organizations formed and led by young people ENGAJAMUNDO and FRIDAYS FOR FUTURE BRASIL.
Age range of litigants
- Other (Under 25)
Number of children or youth involved
6