The Interstate Consortium for Sustainable Development of the Legal Amazon: The effectiveness of cooperation with the Union in the compliance with the Paris Agreement.
Federalism; Cooperation; Legal Amazon Consortium; Interfederaditive relations; Paris Agreement.
The 1988 Constitution inaugurated a new democratic period in the country, maintained the federal system of state organization, and combined influences from the American and German systems with the regime of constitutional competencies, establishing cooperation as an objective to be achieved by the federative entities in protecting the environment and implementing public policies. This paper investigates the legal instrument Interstate Consortium of Brazil's Legal Amazon in Brazilian cooperative federalism, and the interfederative relations with the Union in meeting the goals of the Paris Agreement, especially those related to the dynamics of deforestation in the Amazon. The approach used is qualitative, combining case studies with bibliographic and documentary reviews. Initially, the main characteristics of federalism and the Federal State that influenced the formation of the Brazilian State and its Constitutions up to the present are examined. From this, it seeks to understand the system of distribution of competencies that characterizes cooperative federalism in environmental matters and its impact on interfederative relations. The context of the international climate commitments to which Brazil is a signatory, such as the Kyoto Protocol and the Paris Agreement, and the targets established by the Nationally Determined Contributions (NDCs) focused on reducing deforestation in the Amazon are described. In addition, the historical process of occupation in the Amazon and the regional development policies that encouraged the deforestation of the forest are examined. Next, the legal rules for the constitution of the Interstate Consortium of the Legal Amazon, relevant legislation, governance model and performance in vertical relations with the Union in implementing the deforestation reduction policy are examined. The challenges and possibilities for advancing and improving the use of the Legal Amazon interstate consortium instrument in interfederative relations with the Union are demonstrated. Finally, the paper concludes with proposals that seek to shape the dynamic nature of the climate emergency scenario of the interstate consortium's actions in its interfederative relations with the Union to constitute itself as an innovative element in the structure of Brazilian federalism for climate policy and the consortium states in a path towards climate federalism.