{"id":31338,"date":"2020-12-08T23:09:06","date_gmt":"2020-12-08T23:09:06","guid":{"rendered":"https:\/\/conectas.org\/?post_type=litigiopt&#038;p=31338"},"modified":"2021-05-20T12:25:35","modified_gmt":"2021-05-20T12:25:35","slug":"ado-59-suspension-of-the-amazon-fund","status":"publish","type":"litigiopt","link":"https:\/\/conectas.org\/en\/litigiopt\/ado-59-suspension-of-the-amazon-fund\/","title":{"rendered":"ADO-59: suspension of the Amazon Fund"},"content":{"rendered":"<div class=\"tts_content_wrapper_1\" ><div id=\"attachment_29664\" style=\"width: 1034px\" class=\"wp-caption alignnone\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-29664\" class=\"wp-image-29664 size-large\" src=\"https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Foto-Lula-Marques_fundo-amazonia-1024x651.jpg\" alt=\"\" width=\"1024\" height=\"651\" srcset=\"https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Foto-Lula-Marques_fundo-amazonia-1024x651.jpg 1024w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Foto-Lula-Marques_fundo-amazonia-768x489.jpg 768w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Foto-Lula-Marques_fundo-amazonia-1536x977.jpg 1536w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Foto-Lula-Marques_fundo-amazonia-2048x1303.jpg 2048w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Foto-Lula-Marques_fundo-amazonia-350x223.jpg 350w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Foto-Lula-Marques_fundo-amazonia-1207x768.jpg 1207w, https:\/\/conectas.org\/wp-content\/uploads\/2021\/03\/Foto-Lula-Marques_fundo-amazonia-1698x1080.jpg 1698w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><p id=\"caption-attachment-29664\" class=\"wp-caption-text\">Environment Minister Ricardo Salles in the National Integration, Regional Development and Amazon Committee. Photo: Lula Marques<\/p><\/div>\n<p><span style=\"font-weight: 400;\">In 2019, through a package of decrees published just before COP-25 (UN Climate Conference), the Brazilian government suspended the activities of the Amazon Fund, alleging irregularities. The decrees eliminated the body\u2019s Technical Committee and the Guidance Committee, <\/span><b>blocking roughly R$1.5 billion in funding that would have been spent on projects to combat and prevent deforestation in the Amazon.<\/b><\/p>\n<p><b>The measure was taken against a backdrop of exponential increases in fires and deforestation <\/b><span style=\"font-weight: 400;\">and prompted opposition parties to file a lawsuit against the federal government in the Supreme Court for omission. The case draws on article 225 of the Federal Constitution, which establishes that the Brazilian State has the duty to protect and preserve an ecologically balanced environment.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The petitioners are asking the federal government to take the necessary administrative measures to reactivate the Amazon Fund; resume transfers of financial resources for the projects already approved; assess the projects in the consultation or analysis stage within 90 days; and not suspend the operation of the Fund again or use its resources for other purposes.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In December 2020, Conectas applied for amicus curiae status in the case and defended the extension of the scope of article 225 to guarantee climate security for present and future generations.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">According to the organization, there is an intrinsic relationship between climate change and human rights because, although it is felt by everyone, global warming takes a particularly heavy toll on groups that are already vulnerable due to social, economic and racial issues.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Conectas is supported in this case by the Global Justice Clinic, a group associated with the New York University School of Law with renowned experience in the fields of human rights and environmental protection.<br \/>\n<\/span><\/p>\n<hr \/>\n<h2><b>Technical information<\/b><\/h2>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Case:\u00a0ADO-59<\/b><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Court:\u00a0<\/b><span style=\"font-weight: 400;\">Supreme Court<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Status:<\/b><span style=\"font-weight: 400;\">\u00a0Awaiting decision on request for admission in the case as amicus curiae<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Procedure:<\/b>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"2\"><span style=\"font-weight: 400;\">6\/5\/20: Initial petition<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"2\"><span style=\"font-weight: 400;\">12\/8\/20: Request for Conectas to be admitted as amicus curiae<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/div><div class=\"tts__custom-position_bottom_fixed\" ><\/div>","protected":false},"featured_media":27860,"menu_order":0,"template":"","meta":{"ngg_post_thumbnail":0},"temaltigio":[12273],"categoria_litigio":[12976],"class_list":["post-31338","litigiopt","type-litigiopt","status-publish","has-post-thumbnail","hentry","temaltigio-socioenvironmental-rights","categoria_litigio-litigation"],"acf":{"subtitle-pt":"Federal government freezes R$1.5 billion earmarked for environmental protection","links_para_referencia":[{"titulo-referencia":"Procedural progress in the Supreme Courte","arquivo_referencia":false,"link_externo":"https:\/\/portal.stf.jus.br\/processos\/detalhe.asp?incidente=5930766"},{"titulo-referencia":"Amicus curiae by Conectas","arquivo_referencia":false,"link_externo":"https:\/\/astreasoftware.appspot.com\/download?blobkey0=AMIfv97uQVMLaTc9eCwVPfFIKDTZP2GgXxvAI7_aPJHhFIHmWpGI_I8sXWvCxX6ItrYovOBGorzZEfJVfZojyM6k1601tMXTsUOKXOtJAy4zvHce2pk6xWRBelvgthAOpH3glSCHgVC-IxfenQ7Ss-YHabCBBt6bzKKwjdOgSA2FwkcZ_rKVT_RWZFXwYjN82goN_wupI5zOmCkBbNheLscOb3duaN5j98LskWIw6d_J8X0vhDNcdwj5OVUTtabfD2lAI04CF389R9KIkD0L9KjtXzpLM2lyAg"}],"noticias":{"noticia1":{"ID":30753,"post_author":"26","post_date":"2021-04-15 12:20:51","post_date_gmt":"2021-04-15 12:20:51","post_content":"<span style=\"font-weight: 400;\">On Tuesday (6th), civil society organizations signed a letter, addressed to the American government alerting them about the risk of agreements between the United States and Bolsonaro government. The reason for this is because the organization belives that the federal government has no legitimacy to represent the country.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">However, Joe Biden's government is negotiating the possibility of transferring resources to Brazil, which should be announced at the Climate Summit on April 22 and 23.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">Signed by about 200 entities, the letter (petition) states that negotiations on the environment, mainly with a focus on the Amazon, should actively involve society, subnational governments, academia and the private sector.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The document also suggests that no negotiation could proceed without the reduction of deforestation in Brazil in view of the PNMC (National Policy on Climate Change) and also without having appropriate dialogue with civil society, subnational governments and academia, among others.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\"Negotiations and agreements that do not respect these prerequisites represent an endorsement of the humanitarian tragedy as well as the environmental and civilizational setback imposed by Bolsonaro,\" the letter quotes.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">Read the full document <\/span><a href=\"https:\/\/www.oc.eco.br\/wp-content\/uploads\/2021\/04\/CARTA-DA-SOCIEDADE-CIVIL-BRASILEIRA-AO-GOVERNO-DOS-ESTADOS-UNIDOS-DA-AME%CC%81RICA_P.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"color: #0000ff;\"><b>here<\/b><\/span><\/a><span style=\"font-weight: 400;\">.<\/span>","post_title":"Agreements between Biden and Bolsonaro incites environmental risks, NGOs warn","post_excerpt":"Conectas with other entities signed a petition warning the US government on the environmental risks of an agreement with the Bolsonaro government.","post_status":"publish","comment_status":"open","ping_status":"closed","post_password":"","post_name":"agreements-between-biden-and-bolsonaro-incites-environmental-risks-to-brazil-entities-warns","to_ping":"","pinged":"","post_modified":"2021-05-13 18:34:07","post_modified_gmt":"2021-05-13 18:34:07","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/?post_type=noticia&#038;p=30753","menu_order":46,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"},"noticia2":{"ID":28373,"post_author":"2","post_date":"2020-11-12 12:50:56","post_date_gmt":"2020-11-12 12:50:56","post_content":"<span style=\"font-weight: 400;\">A coalition of non-governmental organisations is bringing the Brazilian government to the Federal Supreme Court for its active negligence to protect the Amazon and the people of Brazil. The rates of deforestation in the Brazilian Amazon have recently reached historical numbers, resulting in a 34% increase from 2018 to 2019.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The coalition is formed by Artigo 19, Articula\u00e7\u00e3o dos Povos Ind\u00edgenas do Brasil (Apib), Conectas Direitos Humanos, Conselho Nacional das Popula\u00e7\u00f5es Extrativistas (CNS), Engajamundo, Greenpeace Brazil, Instituto Alana, Instituto Socioambiental (ISA), Observat\u00f3rio do Clima and Associa\u00e7\u00e3o Alternativa Terrazul.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The NGOs led the development of the lawsuit, which will be formally presented by seven political parties as plaintiffs, because of the procedural requirements of the Action Against the Violation of a Fundamental Constitutional Right (or ADPF for its acronym in Portuguese). The members of the coalition will participate in the proceedings as <\/span><i><span style=\"font-weight: 400;\">amici curiae<\/span><\/i><span style=\"font-weight: 400;\">, or friends of the court.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cThe coalition is simply demanding that the Brazilian government complies with the Constitution, which protects present and future generations as well as the Amazon. Even under a totally unambitious contribution to the international Paris Agreement, Brazil is now lacking public policy, budget and staffing to guarantee the application of our national laws. We need to stop this free fall,\" <\/span><span style=\"font-weight: 400;\">said Fabiana Alves, Climate and Justice coordinator at Greenpeace Brazil and general coordinator of this coalition initiative.<\/span><span style=\"font-weight: 400;\">\u00a0<\/span>\r\n<ul>\r\n \t<li><span style=\"color: #0000ff;\"><strong><a style=\"color: #0000ff;\" href=\"https:\/\/conectas.org\/wp-content\/uploads\/2020\/11\/67697233-executive-summary-english_adpf.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Access here the Executive Summary of the case<\/a><\/strong><\/span>.<\/li>\r\n<\/ul>\r\n<span style=\"font-weight: 400;\">\u201cBrazil and the world can no longer wait. Supported mainly by the Brazilian Constitution, but also by international agreements, we plead for deforestation in the Amazon to be combated immediately, in order to safeguard an ecological and climate balance for present and future generations. Every human right is impacted by environmental devastation, it is up to our Supreme Court to determine the application of the public policy in force, which has already proved successful when effectively applied\u201d, said Mauricio Guetta, legal adviser at Instituto Socioambiental and legal coordinator of the initiative.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">In 2019, the Brazilian government abandoned the most important plan to combat and prevent deforestation in the Amazon forest, the Action Plan for Prevention and Control of the Legal Amazon Deforestation (PPCDAm), going against its own international commitments to reduce greenhouse gas emissions. <\/span><span style=\"font-weight: 400;\">\r\n<\/span><span style=\"font-weight: 400;\">\r\n<\/span><span style=\"font-weight: 400;\">The document submitted to the Supreme Court requires that deforestation be reduced to a rate of 3,925 km\u00b2 by 2021, which should have already happened in 2020, according to the National Policy on Climate Change. This goal would mean a reduction of 60% in relation to the official deforestation rate for 2019-2018. The plaintiffs are calling for a moratorium on deforestation in the Amazon for a year, among other measures, if this objective is not achieved. <\/span><span style=\"font-weight: 400;\">\r\n<\/span><span style=\"font-weight: 400;\">\r\n<\/span><span style=\"font-weight: 400;\">The document also highlights how the shortcomings of the governmental obligation to protect the environment harms the rights of Indigenous Peoples and traditional communities, as well as the fundamental rights of present and future generations in Brazil.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">Climate litigation is increasingly gaining traction across the world, with more than 600 legal cases filed by individuals and non-governmental organisations that assert the rights of people impacted by the climate crisis on record[4]. The Brazilian case comes as Norway\u2019s Supreme Court completed hearings today on a lawsuit that calls on the Norwegian government to stop offshore oil licenses under both the national constitution and the Paris Agreement. In April 2018, twenty-five young people won their case against the Colombian Government when the Supreme Court ordered the authorities to ensure the protection of the Amazon from deforestation to protect present and future generations.\u00a0<\/span>","post_title":"NGOs take Brazilian government to the Supreme Court over deforestation and human rights abuses","post_excerpt":"In 2019, the Brazilian government abandoned the most important plan to combat and prevent deforestation in the Amazon forest","post_status":"publish","comment_status":"open","ping_status":"open","post_password":"","post_name":"ngos-take-brazilian-government-to-the-supreme-court-over-deforestation-and-human-rights-abuses","to_ping":"","pinged":"","post_modified":"2021-04-01 12:48:35","post_modified_gmt":"2021-04-01 12:48:35","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/noticias\/ngos-take-brazilian-government-to-the-supreme-court-over-deforestation-and-human-rights-abuses\/","menu_order":1452,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"},"noticia3":{"ID":30896,"post_author":"26","post_date":"2021-04-22 12:42:33","post_date_gmt":"2021-04-22 12:42:33","post_content":"<span style=\"font-weight: 400;\">In a speech on the morning of Thursday, April 22, at the Climate Summit organized by the US President Joe Biden with world leaders to discuss measures to combat climate change, President Jair Bolsonaro reaffirmed Brazil\u2019s commitment to end illegal deforestation and cut carbon emissions by 50% by 2030.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The promise, however, contradicts a series of domestic policies that have led to the dismantling of environmental protection agencies in Brazil since the start of the Bolsonaro administration, as well as attacks against native and riverside populations.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">According to Julia Neiva, coordinator of the Development and Socioenvironmental Rights program at Conectas, from day one the Bolsonaro government has done its utmost to destroy environmental and social protection policies, while adopting racist slurs that encourage violence against indigenous peoples, quilombola communities and other riverside populations who are recognized as the main custodians of the forests.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cWe need to remember that during his government we have seen record levels of fires and deforestation, and legislative bills that pose a threat to the very survival of native peoples, such as those that alter environmental licensing laws and that allow mining on indigenous lands,\u201d said Neiva. \u201cClimate racism is how this government operates. Unlike what was said today, his policies and speeches have further aggravated the climate crisis,\u201d she added.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">When elected, Bolsonaro announced that his government would not demarcate an inch of indigenous land \u2013 a promise he has kept so far. Last September, in his opening speech at the UN General Assembly, the president blamed indigenous peoples for the fires in the Amazon and the Pantanal.<\/span>\r\n<h2><b>Record deforestation<\/b><\/h2>\r\n<span style=\"font-weight: 400;\">Deforestation in Brazil in March 2021 was the highest recorded for the month in the past ten years. According to data from Imazon (Institute of the People and Environment of the Amazon) obtained by SAD (Deforestation Warning System), a total of 810 km\u00b2 of forest was felled in March, an area slightly larger than the city of Goi\u00e2nia. The amount is 216% larger than the figure registered in March 2020 and the highest for the month since records began in 2011. From January to March 2021, some 1,185 km\u00b2 was deforested \u2013 twice as much as last year.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">According to Neiva, these numbers are partly the result of the disruption of Brazilian climate policy mechanisms. Since the start of this government, the Ministry of the Environment has abandoned the <strong><span style=\"color: #0000ff;\"><a style=\"color: #0000ff;\" href=\"https:\/\/conectas.org\/en\/news\/supreme-court-holds-unprecedented-hearing-on-environmental-crisis-and-climate-emergency\" target=\"_blank\" rel=\"noopener noreferrer\">National Fund on Climate Change<\/a><\/span><\/strong> \u2013 one of the main sources of funding for the fight against global warming in the country.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cCases in the Supreme Court have claimed accountability from government for this omission and civil society has argued that Brazil not only needs to be more ambitious with its climate targets, but it needs to take into consideration that the climate crisis is also a human rights emergency,\u201d concluded Neiva.<\/span>","post_title":"Brazilian commitment at Climate Summit contradicts domestic policy","post_excerpt":"The promise contradicts a series of domestic policies that have led to the dismantling of environmental protection agencies in Brazil since the start of the Bolsonaro administration, as well as attacks against native and riverside populations.","post_status":"publish","comment_status":"open","ping_status":"closed","post_password":"","post_name":"brazilian-commitment-at-climate-summit-contradicts-domestic-policy","to_ping":"","pinged":"","post_modified":"2021-04-24 13:59:25","post_modified_gmt":"2021-04-24 13:59:25","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/?post_type=noticia&#038;p=30896","menu_order":52,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"}}},"yoast":{"focuskw":"Amazon Fund","title":"","metadesc":"","linkdex":"52","metakeywords":"","meta-robots-noindex":"","meta-robots-nofollow":"","meta-robots-adv":"","canonical":"","redirect":"","opengraph-title":"","opengraph-description":"","opengraph-image":"","twitter-title":"","twitter-description":"","twitter-image":""},"_links":{"self":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/litigiopt\/31338","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/litigiopt"}],"about":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/types\/litigiopt"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/media\/27860"}],"wp:attachment":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/media?parent=31338"}],"wp:term":[{"taxonomy":"temaltigio","embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/temaltigio?post=31338"},{"taxonomy":"categoria_litigio","embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/categoria_litigio?post=31338"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}