Case Name: Ministério Público do Estado do Rio de Janeiro vs. Município do Rio de Janeiro (Climate Impact Assessment in the city of Rio de Janeiro)

Summary

This is a Public Civil Action (ACP), with a request for urgent relief, filed by the Public Prosecutor's Office of the State of Rio de Janeiro (MPRJ) against the Municipality of Rio de Janeiro with the aim of regulating the assessment of climate impacts and requiring climate diagnostic studies in environmental licensing processes, as well as demanding mitigation and compensation measures in projects that cause significant greenhouse gas (GHG) emissions in the city. The plaintiff argues that recurring extreme weather events place the fight against climate change at the center of the state's duties of environmental protection and that the Municipality of Rio de Janeiro, in Article 25 of Municipal Law 5.248/2011, which establishes the Municipal Policy on Climate Change and Sustainable Development, stipulates that environmental licenses for projects with significant GHG emissions will be linked to the presentation of an emissions mitigation plan and compensation measures. It is argued that, although this provision exists, the application of this rule is nonexistent, constituting administrative omission, which hinders the proper assessment of impacts and the effectiveness of the municipal climate policy. It is alleged that, in September 2024, the Public Prosecutor's Office of Rio de Janeiro (MPRJ) issued Recommendation No. 02/2024 to the city's mayor, requesting, among other measures, the enactment of a regulatory act implementing Article 25 of Municipal Law 5.248/2011 within 90 days. In March 2025, a Technical Opinion from the Municipal Attorney General's Office concluded that the aforementioned article should be regulated by law and not by decree. It is argued that this opinion suggested the creation of a Working Group to discuss the issue, with the consequent formulation of a legislative proposal to be submitted to the City Council; however, up to the date of writing the initial petition, the MPRJ was unaware of the creation of the group. It is noteworthy that the city of Rio de Janeiro ranks 8th among the largest greenhouse gas (GHG) emitting municipalities in Brazil, with significant emissions from the waste, energy, and industrial processes sectors, all of which are subject to environmental licensing. It is also important to highlight that, between 2023 and 2025, there were significant local impacts of climate change from events such as intense rainfall, flash floods, and inundations, demonstrating that climate stability is inseparable from the protection of life and the well-being of the population. It is no coincidence that the city of Rio de Janeiro, through Municipal Law 7.315/2022, recognized the state of global climate emergency as a factor threatening humanity. It is argued that international jurisprudence recognizes a stable climate as a fundamental human right, and Advisory Opinion 32/2025 (PC-32/2025) of the Inter-American Court of Human Rights (IACHR) recognized global warming as a violation of human rights. Finally, it is argued that the requirement for emissions diagnostics/reporting must meet minimum technical criteria to ensure that the potential climate impacts of a given project are truly known and addressed in environmental licensing processes. It is requested, as an urgent measure, within a period not exceeding 120 days, that Article [number] be regulated. Article 25 of Law 5.248/2011 is requested, in order to condition the granting and renewal of environmental licenses for projects with significant GHG emissions on the presentation of an emissions mitigation plan and compensation measures, duly preceded by climate studies that ensure the identification and measurement of the impacts of activities and projects, the analysis of locational and technological alternatives, and the adoption of mitigation and compensation measures in all phases of the licensing process. It is further requested that, should the 120-day period pass without regulation, the Municipality begin requiring projects with significant GHG emissions, in the licensing or renewal processes, to present an emissions mitigation plan and compensation measures, duly preceded by climate studies. On the merits, confirmation of the requests made in the preliminary injunction is requested, making them definitive.

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Main norms mobilized

• Article 170 of the Federal Constitution (CRFB/88)
• Article 225 of the Federal Constitution (CRFB/88)
• Framework Law on Environmental Licensing – LGLA (Federal Law 15.190/2025)
• IBAMA's Normative Instruction 12/2010
• Municipal Policy on Climate Change
• National Environment Policy Act - PNMA (Federal Law 6.938/1981)
• National Policy on Climate Change Act - PNMC (Federal Law 12.187/2009)
• Paris Agreement (Federal Decree 9.073/2017)
• State Policy on Climate Change - PEMC
• United Nations Framework Convention on Climate Change - UNFCC (Federal Decree 2.652/1998)

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