ADO 59
Arguement of Non-compliance with Fundamental Precept
Reporting Minister: Rosa Weber
This action also received the following seals:
CONTEXT
The Amazon Fund was created in 2008 with the aim of funding projects to prevent deforestation and support conservation efforts in the Brazilian Legal Amazon, promoting sustainable land use and alternative livelihoods. It is a pioneering initiative for financing efforts to reduce emissions from deforestation and forest degradation. However, in 2019, the Fund’s activities were suspended due to measures taken by the federal government.
LAWSUIT
The lawsuit emphasized the central role of the Amazon Fund as the primary public financial policy for supporting actions to prevent deforestation, conserve forests, and promote sustainable development. The lawsuit requested that the federal government adopt administrative measures to reactivate the Fund, in accordance with the constitutional right to an ecologically balanced environment (Article 225), as well as the principles of federal loyalty and cooperative federalism (Articles 1, 3, 18, 60, §4, and 241), and the administrative responsibility for the protection of fauna and flora (Article 23).
RESULT
The Supreme Court ruled that the suspension of the Amazon Fund was unconstitutional, ordering the federal government to take the necessary administrative actions to reactivate the Fund within 60 days.
IMPACT
Attorney Rafael Carneiro views the ruling as another step toward building jurisprudence in favor of sustainable development.
Brazil supreme court ruling to reactivate Amazon Fund gives hope in fight to save rainforest
Brazil’s top court set to rule in favor of Amazon Fund revival