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- Maia Filho v. Federal Environmental Agency (IBAMA)
Maia Filho v. Federal Environmental Agency (IBAMA)
About this case
Filing year
2009
Status
Decided
Geography
Court/admin entity
Brazil → Superior Court of Justice
Case category
Suits against governments (Global) → Protecting biodiversity and ecosystems (Global)
Principal law
Brazil → National Environmental Policy Act (Law No. 6.938 of 1981)
At issue
Validity of fine imposed by Environmental Federal Agency for the burning of 600 hectares for grazing land
Topics
,
Documents
Filing Date
Document
Type
Topics
Beta
Search results
08/25/2009
The Superior Court of Justice dismisses the appeal (in Portuguese).
Decision
–
08/25/2009
The vote and report of the rapporteur minister (in Portuguese).
Other
–
Summary
The Superior Court of Justice upheld the Federal Environmental Agency's fine, issued in 1995, of the appellants for burning roughly 600 hectares of land to clear it for livestock grazing. The court concluded that the fine was valid under the National Environmental Policy Act (Law N° 6.938, 1981). One of the judges explained that this particular application of the 1981 Act's restrictions on burning for agricultural purposes was justified in part by the fact of climate change, which informs how the objectives of environmental protection established in the text and environmental norms of the Brazilian Constitution pertain.
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Group
Topics
Policy instrument
Finance