IBAMA vs. Brandão e Jovino

On September 11 2023, Brazil’s Federal Environment Agency (“IBAMA”), filed a public civil action (environmental class-action) against two individuals, Brandão de Souza Rezende and Jovino Moreno de Miranda seeking compensation for environmental and climate damages. The plaintiff claims that 489,0545 ha (hectares) of native Cerrado forest were cleared at the Jatobá farm without prior authorization from the competent environmental agency. It highlights the great importance of the Cerrado and that the advance of illegal deforestation of the biome contributes to the climate crisis. According to remote sensing images, the plaintiff claims that the area continues to be exploited (even though it has been embargoed by IBAMA), without regeneration measures having been adopted. It argues that the defendants are civilly liable for the specific environmental damage caused by the irregular suppression of native forest in the Cerrado and the existence of resulting environmental damage that includes damage to fauna, soil, climate and biodiversity, among other harmful consequences related to deforestation. Several measures to secure the prohibition of further exploitation of the deforested area are requested as an injunction. In a definitive manner, it is requested that the defendants be ordered to (i) recover an area corresponding to the deforested one, (ii) pay collective moral damages in the amount of R$3.693.828,63, (iii) pay for the transitory and residual damage caused to ecological heritage, in addition to compensation for the economic profit obtained illegally, including climate damage. On October 10, 2023, the judge did not grant the injunction and IBAMA filed an Interlocutory Appeal.