Since 2020, Observatório do Clima has being acting in the judicial sphere, both to prevent social and environmental dismantling and to compel the government to act in defense of the climate and the environment. The network provides technical and legal support to actors such as NGOs and political parties willing to resort to the Courts to protect the constitutional right to a balanced environment.
OC has taken part in certain lawsuits in the capacity of amicus curiae.
OC acts as amicus curiae in the records of Claim of Non-Compliance with Fundamental Precept (ADPF) No. 623, reported by Justice Rosa Weber, through which the Attorney General’s Office seeks a declaration of unconstitutionality of Decree No. 9,806, of May 28, 2019, which altered the composition of Conama. In addition to OC, 4 other environmental organizations have asked to take part in the lawsuit as amici curiae. The WWF coordinated the drafting of the petition.
OC acts as amicus curiae in the records of Direct Action of Unconstitutionality (ADI) No. 6,446, reported by Justice Luiz Fux, through which the President of the Republic has requested the Federal Supreme Court to validate the order issued by the Minister of the Environment and to declare the nullity of the legal interpretation according to which the Atlantic Forest Act (a special law) prevails over the 2012 Forest Law. Six environmental organizations, five of which are members of OC, are acting as amici curiae. WWF and SOS Mata Atlântica coordinated the drafting of the petition.
Public Civil Action No. 1009665-60.2020.4.01.3200, currently in course before the 7th Federal Environmental and Agrarian Court of the Amazonas Judiciary District, filed by 3 civil-society organizations (ISA, Greenpeace and Abrampa), challenges the interpretative order issued by the Chairman of Ibama that dialed down the rules applicable to native wood exports.
Claim of Non-Compliance with Fundamental Precept (ADPF) No. 760, filed by seven political parties (PSB, PT, PSOL, REDE, PCdoB, PV and PDT) and reported by Justice Cármen Lúcia, seeks resumption of the Action Plan for Prevention and Control of Deforestation in the Legal Amazon (PPCDAm) and the achievement of short-term objectives in controlling deforestation in that biome. In addition to OC, nine other environmental organizations participate in this case as an amici curiae. ISA coordinated the drafting of the complaint.
Claim of Non-Compliance with Fundamental Precept (ADPF) No. 755, filed by the same parties and reported by Justice Rosa Weber. This lawsuit seeks annulment of the federal decree that instituted the conciliation phase in the environmental penalty-imposing processes, which halted judgment of infraction notices drawn up after October 2019. This halting in the judgment of infraction notices has led to a discrediting of the environmental inspection system. OC requested to take part in this case as amicus curiae.
Direct Action of Unconstitutionality (ADI) No. 59, filed by the same political parties and reported by Justice Rosa Weber. This lawsuit seeks to compel the government to use the approximately R$ 2.9 billion reais frozen in the Amazon Fund. In 2019 and 2020, with the dismantling of the fund’s governance structure, following an unsubstantiated crisis generated by the Minister of the Environment, there were neither new contributions nor new contracting within the Amazon Fund, which is regarded as the greatest REDD+ experience in the world. OC participates in this process as amicus curiae.
Direct Action of Unconstitutionality by Omission (ADO) filed before the Federal Supreme Court (STF), received as Claim of Non-Compliance with Fundamental Precept (ADPF) No. 708 by Reporting Justice Luís Roberto Barroso. In this case, plaintiffs are four political parties (PSB, PT, PSOL and REDE) that intend to have the Court order the Federal Government to take the necessary administrative measures to reactivate the operation of Fundo Clima, using all resources authorized by budgetary law (covering non-reimbursable and reimbursable modalities of the fund), as well as to present the Annual Plan for Investment of Fund Resources for the year 2020. OC participates in this case as amicus curiae.