ADI 7095
Claim of Non-Compliance with a Fundamental Precept
Reporting Minister: Gilmar Mendes
This action also received the following seals:
CONTEXT
Law nº 14,299/2022 created economic subsidies to support power plants that produce electricity from the burning of coal in the Coal Region of Santa Catarina, guaranteeing the operation of these plants at least until 2040. These plants are responsible for the highest levels of greenhouse gas emissions in the southern region of Brazil, and their operation impacts the cost of energy, as coal is less energy-efficient compared to clean energy sources.
LAWSUIT
The lawsuit argues that favoring plants that operate with coal burning goes against climate agreements to which Brazil is a signatory, such as the Paris Agreement, and violates constitutional provisions regarding sustainable economic development (Article 170, V and VI, of the Constitution), the fundamental right to health (Article 196 of the Constitution), and the ecologically balanced environment (Article 225 of the Constitution).
RESULT
The case has not yet been decided.
IMPACT
“In the action against the law enacted in January, the plaintiffs argue that by guaranteeing public funding to the most polluting fossil fuel in energy generation, the government distorts the concept of ‘just energy transition,’ ignoring the need for carbon reduction in national energy generation and contributing to the emission of large volumes of greenhouse gases.”