Brazilian Supreme Court justice Nunes Marques has issued two votes rejecting constitutional challenges to Renovabio's biofuels program.
The cases — ADI 7596, filed by the Democratic Renewal Party (PRD) in February 2024, and ADI 7617, filed by the Democratic Labour Party (PDT) in April 2024 — questioned the legality and fairness of mandatory carbon reduction targets imposed on fossil fuel distributors.
In both decisions, the minister dismissed claims of discrimination and disproportion, affirming that Renovabio complies with constitutional principles such as equality, free enterprise, and environmental protection. He emphasized that the program's costs are ultimately borne by fuel consumers, not distributors, and that the policy aligns with Brazil's climate commitments under the Paris Agreement.
Marques also rejected arguments that Renovabio's program was improperly designed to benefit private interests or lacked legislative legitimacy. He defended the program's structure, including the use of Cbio decarbonization credits, as a market-based mechanism to incentivize biofuels without public subsidies.
With the votes now public, the Supreme Court will deliberate the merits of both cases. A majority ruling is required to confirm or overturn the constitutionality of the program.
