Parents for Future Brazil v. State Government of Sao Paulo

In Parents for Future Brazil v. State Government of Sao Paulo, the community group Parents for Future Brazil (or Families for the Climate) filed suit against the Sao Paulo government for its IncentivAuto program. The organization alleges the program's governmental funding of IncentivAuto provides finances without any commitment from the carmakers to mitigate effects on the climate.

Background
The IncentivAuto program, created in 2019, is meant to increase automaking within Brazil through financing incentives. The government offers subsidies for the automotive sector, generally a financing grant of at least R$ 1 billion for an expansion of vehicle factories and a 25% discount on advance payments with a loan greater than R$ 10 million. However, there are no climate conditions attached to the subsidies and the claimants allege the government's financing violates Sao Paulo's climate policy. In September of 2020, the organization filed charges against Sao Paulo, seeking disclosure of monetary and climate impacts of the IncentivAuto program on the grounds that the program is potentially illegal for failing to minimize greenhouse gas emissions.

Relevant Laws and Principles

 * State of Sao Paulo's Climate Change Policy
 * Brazil's National Climate Change Policy

Status
The Court of Justice Sao Paulo accepted the lawsuit in January 2021. In February 2021, the Court denied the government's motion to withhold certain information. The lawsuit is ongoing.

Takeaways
Similar to cases in Europe related to the Aarhus Convention, this case is both about holding government-financed industries accountable for climate change and disclosure of information related to climate impacts. The decision will be important for Brazil, which has a problematic history with deforestation and other climate change impacts.

Links

 * Families for the Climate Movement Brazil Website
 * Parents for Future General Website
 * English Translation of Complaint
 * English Translation of Order Accepting Case