Laboratório do Observatório do Clima v. Minister of Environment and Brazil
Jurisdiction: 7th Federal Environmental and Agrarian Court of the Judiciary Section of Amazonas, Brazil
Principle law(s): Law 12.187/2009, establishing the National Policy on Climate Change (NPCC), regulated by Decree 7.390/2010
Side A: Laboratório do Observatório do Clima (Ngo)
Side B: Minister of Environment and Brazil (Government)
Core objectives: Whether Brazil is violating fundamental rights and the national legal climate framework by decreasing mitigation targets in the country’s NDC.
SummaryOn October 26, 2021, Observatório do Clima (OC), a network of 71 civil society organizations, filed a class action at the federal court of Amazonas against the Environmental Ministry and Brazilian government. The plaintiffs request that the National Climate Change Policy be updated according to the best available science, the seriousness of the climate emergency, and the latest IPCC report (AR6) to ensure the reduction of greenhouse gas emissions (GHG) by the Brazilian government consistent with a 1.5oC global warming scenario. The plaintiffs assert that climate change affects the constitutionally recognized right to a healthy environment, as well as fundamental rights such as the right to life, dignity, health, food, and housing, along with several recognized principles of international environmental law. The plaintiffs refer to the latest IPCC report to attest to the urgency of the case and the likely damages that will occur in the case of inaction from the Brazilian government.
Related laws and policies
Law 12.187/2009, establishing the National Policy on Climate Change (NPCC), regulated by Decree 7.390/2010
This law creates the NPCC with the following key areas of concern: combining climate protection with socio-economic development; reducing anthropogenic GHG emissions from all its sources and strengthening GHG sinks; adaptation; preservation, conservation and recuperation of national biomes; land ...