In a landmark decision, the plenary of Brazil’s Supreme Federal Court (STF) has taken a significant step towards combating deforestation in the Amazon Rainforest. The unanimous ruling mandates the federal government to take action under the Action Plan for the Prevention and Control of Deforestation in the Legal Amazon (PPCDAm) and other programs to drastically reduce deforestation rates. The ambitious goal is to bring down deforestation to 3,925 square kilometers annually by 2027 and to zero by 2030.
This historic decision was rendered during the session on March 14, 2024, in response to the Arguição de Descumprimento de Preceito Fundamental [Argument for Non-Compliance with a Fundamental Principle] (ADPF) 760 and the Ação Direta de Inconstitucionalidade por Omissão [Direct Action for Unconstitutionality due to Omission] (ADO) 54. These legal actions demanded that the government prepare a plan to preserve the Amazon Rainforest and sought the declaration of a massive violation of fundamental rights in Brazil’s environmental policy.
The STF not only directed the federal government, but it has also instructed the Brazilian Congress to allocate extraordinary funds in the 2024 financial year to ensure the continuity of governmental actions. Furthermore, it prohibited the budgetary blocking of resources from deforestation combat programs.
A crucial aspect of the ruling was the rejection for recognition of a massive violation of fundamental rights in Brazil’s environmental policy. Minister André Mendonça, whose vote was followed by the majority, highlighted an ongoing process initiated by the Brazilian Government since last year to effectively protect the Amazon biome. However, concerns remain regarding the adequacy of monitoring, prevention, and combating macro-criminality, emphasizing the need for continued commitment from the federal government.
During the session, Justice Nunes Marques acknowledged the significant progress made in environmental protection over the past year without judicial intervention, suggesting an evolutionary process in motion. President of the Supreme Court, Justice Luís Roberto Barroso, cautioned against declaring a state of unconstitutional affairs, emphasizing Brazil’s emerging leadership role in global environmental matters.
Although the STF acknowledged the advancements made in environmental policy, Justice Cármen Lúcia, the rapporteur, emphasized the ongoing constitutional issues in the environmental realm. Despite being outnumbered, her stance underscores the importance of recognizing and addressing violations of rights in environmental protection efforts.
This decision signifies a pivotal moment in Brazil’s commitment to preserving the Amazon Rainforest. It showcases the proactive role of the judiciary in enforcing environmental protections and underscores the urgency of global cooperation in safeguarding our planet’s most vital ecosystems.
As the world grapples with the challenges of climate change and biodiversity loss, Brazil’s stance offers hope and inspiration for collective action towards a sustainable future.