Brazil.
Providing legal advice, information and advocacy to those fighting climate change.
TozziniFreire Advogados represents the Association of Ethno-Environmental Protection Kanindé, an NGO from the northern Brazilian state of Rondônia, as amicus curiae in a lawsuit discussing the unconstitutionality of local legislation that extinguished the environmental protection of nine areas in the Amazon region, of more than 500,000 acres. In 2018, the work directly involved seven professionals, including two partners (Rafael Medeiros Mimica, from the litigation practice area, and Bianca Bilton Signorini Antacli, from the environmental practice area), with more than 110 hours dedicated. The lawsuit originally only considered the formal unconstitutionality of the law (the issuance of a decree instead of proper law). We have expanded the scope to also demonstrate the material unconstitutionality of the law, due to the principle of no setback on environmental protection. In 2018, the State Court of Appeals suspended the effects of the law and decrees, but a final ruling has not yet been issued. In June 2021, the Court ruled on the merits of the case and accepted the request to recognize the unconstitutionality of the legislation.