Federal Public Prosecutor’s Office (MPF) v. Brazil and others (Sea advance and coastal erosion)

On January 29, 2014 the Federal Public Prosecutor's Office (Ministério Público Federal – MPF) filed a Public Civil Action (environmental class-action) with a request for an injunction against the Federal Union, IBAMA (Federal Environmental Agency), State of Sergipe, Sergipe’s Environmental Agency and others, including private individuals alleging environmental damage. The damage is alleged to have occurred due to the irregular occupation of an area of Boa Viagem Beach in Sergipe. The area in question is a sandbank environment, with dunes and mangrove vegetation, constituting a permanent preservation area, and has bars and summer houses built irregularly. The plaintiff affirms that there has been invasion of federal public property, illegal landfilling and sewage disposal directly into the ground, in drains, contaminating the water table and impairing public access to the beach. All the constructions were irregular and made in a way that violated several protective norms. There was a ruling of the injunction that ordered the interdiction of the bars on the site, considering, as a supervening fact, the advance of tides on the locality, which eroded the foundations of the establishments and put them at risk of collapse. Two defendants who had their bars interdicted filed several appeals in succession until one of those appeals was analyzed by the Superior Court of Justice (STJ). The admission of the last appeal (Interlocutory Appeal in the Special Appeal) was dismissed. The ruling highlighted the undeniable consequences of climate change that already affect everyone, but especially the poorest. The impacts on this vulnerable group in particular were emphasized. Within this scenario, it was highlighted that the attention of judges is necessary to ensure the values of the Environmental Rule of Law. The ruling stated that, in this case, within the scenario of climate change, the advance of the tides and the consequent destruction of bars and restaurants located on their shores is foreseeable.