ADPF 760
Arguement of Non-compliance with Fundamental Precept
Reporting Minister: Cármen Lúcia
This action also received the following seals:
CONTEXT
Created in 2004, the Action Plan for the Prevention and Control of Deforestation in the Amazon (PPCDAm) was highly successful, leading to a reduction of more than 80% in deforestation in the region by 2012. However, starting in 2018, there was a decrease in effective monitoring, budgetary non-execution, and difficulty accessing data related to the fulfillment of the established goals. In 2019, the plan was completely revoked, which contributed to a significant increase in deforestation rates.
LAWSUIT
The lawsuit sought the restoration of the Plan’s operation based on the fundamental right to an ecologically balanced environment (Article 225 of the Constitution), the rights to a dignified life and health (Articles 1, III, 5, and 196 of the Constitution), as well as the fundamental rights of indigenous peoples to their traditional lands (Article 231 of the Constitution), and the rights of traditional peoples and communities (Articles 215 and 216 of the Constitution and Article 68 of the ADCT).
RESULT
In 2024, the Supreme Court recognized that, after a period of serious and systematic violations of environmental policy, public institutions are undergoing a process of re-constitutionalization in the matter. The Court established the constitutional duty of the Brazilian State to protect the Amazon biome, with the adoption of goals to reduce deforestation by 100% by 2030 and guarantee extraordinary credits for projects related to the PPCDAm.
IMPACT
On Thursday (14), the Supreme Federal Court (STF) unanimously determined measures and actions for the federal government to adopt as part of the illegal deforestation control plan for the Amazon…
The Supreme Court determined that the Government present a plan to combat deforestation in the Legal Amazon by 2025. Deforestation must be reduced by 80% by 2027, and by 100% by 2030…