Case Name: ADI 7438 (environmental protection of the Cerrado)

Summary

This is a Direct Action of Unconstitutionality (ADI), with a request for a precautionary measure, filed by the political party Rede Sustentabilidade, accompanied by six civil society organizations that signed the petition. It seeks a declaration of unconstitutionality of articles of State Law 18.104/2013 and State Law 20.017/2023 of the State of Goiás. State Law 20.017/2023 amends several environmental provisions contained (i) in State Law 18.102/2013, on administrative infractions against the environment; (ii) in State Law 18.104/2013, the Goiás Forestry Code; and (iii) in State Law 20.694/2019, which deals with environmental licensing in the state. The authors argue that the law approved in 2023 was processed too quickly and without any debate, participation from civil society, or opinion from the Environment Committee of the legislative body, presenting material and formal violations of the Federal Constitution. It is argued that the changes in state legislation promoted by Law 20.017/2023 are detrimental to the protection of the Cerrado biome, the region's water security, and the fight against climate change. It is emphasized that the biome stores enormous amounts of carbon, making it important for combating global warming. Therefore, the increasing deforestation of the region, also encouraged by legislative changes in forestry and licensing regulations that would facilitate authorizations for vegetation suppression and the use of legal reserve areas, has serious dimensions in view of the climate emergency. It is argued that the challenged normative acts are unconstitutional because they violate, among others, (i) the principles of publicity and transparency of administrative acts; (ii) the principle of prohibition of environmental regression; (iii) the right to an ecologically balanced environment and the duty to protect the environment. They allege the relaxation of environmental rules, the violation of the powers of the Federal Union in forestry matters and of the Municipalities in licensing matters, as well as the direct violation of the Paris Agreement by facilitating deforestation. They request, as a precautionary measure, the suspension of the effects of the challenged laws that would represent a relaxation of licensing and forest protection rules. On the merits, they request a declaration of unconstitutionality of provisions of State Law 22.017/2023 and State Law 18.104/2013. They also request the admission of the signatory organizations of the petition as amici curiae.

In a single-judge decision, it was determined that an expedited procedure should be adopted, in consideration of the relevance of the matter and its special significance for social order and legal certainty.

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Main norms mobilized

• Article 225 of the Federal Constitution (CRFB/88)
• Complementary Law 140/2011
• Federal Constitution (CRFB/88)
• Forest Code (Federal Law 12.651/2012)
• National Environment Policy Act - PNMA (Federal Law 6.938/1981)
• National System of Conservation Units Law - SNUC (Federal Law 9.985/2000)
• Paris Agreement (Federal Decree 9.073/2017)

Case timeline

Case documents