São Paulo Public Prosecutor’s Office vs. São Paulo State and Forestry Foundation

In January 2026, the Public Prosecutor's Office of the State of São Paulo (MPSP) filed a Public Civil Action (ACP) against the State of São Paulo and the Forestry Foundation (Foundation for the Conservation and Production of Forests of the State of São Paulo) over the advance of serious erosion processes that threaten the integrity and ecological balance of the Ilha do Cardoso State Park (PEIC) and impact the way of life and safety of the region's traditional communities.

Located in the municipality of Cananéia, in the State of São Paulo, the island has 400 inhabitants, distributed among nine traditional fishing communities and two indigenous villages. The Park is part of the Iguape-Cananéia-Paranaguá Estuarine-Lagoon Complex, which stands out on the Brazilian coast in terms of biodiversity and natural productivity. According to a Technical Report from the Center for Operational Support to Environmental Public Prosecutors (CAEX), the intensification of extreme weather events, coupled with rising sea levels—both related to climate change—exacerbates the erosion processes observed in various parts of the PEIC (Integrated Coastal Zone of Itabapoana), causing soil erosion and the loss of restinga vegetation, a natural soil protection. These phenomena are especially serious in the Pereirinha area, threatening the stability of buildings in the local community and in Melão. In the Ararapira Canal area, in 2018, erosion broke the sand spur and divided the island into two portions, creating a new sandbar, which forced the autonomous relocation of two Caiçara communities.

It is noted that the Articulation of Traditional Communities of Ilha do Cardoso developed the Community Plan for the Management of Erosion and Climate Change in 2023, highlighting the severity of the erosion processes and proposing integrated strategies, such as containment structures, technical studies, and, above all, the need to relocate families. After meetings with public bodies held in 2025, it was found that the necessary measures should be preceded by adequate technical studies and proper environmental licensing. Although the State is already carrying out the necessary studies, the Public Prosecutor's Office of São Paulo (MPSP) emphasizes the advancement of the erosion process and the urgency for taking preventive measures against the ongoing damage. It is noted that, according to a technical note from the Forestry Foundation, the need to adopt measures to contain erosion processes, the viability of areas for relocating communities, and the seriousness of the situation are already recognized, but there are no clear deadlines for their completion, nor for the implementation of concrete measures, which would constitute state omission that jeopardizes the physical integrity of the communities and the environmental preservation of the Conservation Unit. Therefore, it is requested, primarily as an urgent measure and to be confirmed on the merits, that: (i) the State of São Paulo and the Forestry Foundation complete the technical studies and environmental licensing necessary to contain erosion in the critical areas of Melão and Pereirinha; (ii) once the studies are completed and environmental gains are proven, that concrete containment measures be implemented; (iii) authorizations be granted for the relocation of traditional communities to safe areas, observing the restrictions of the Atlantic Forest Law and the Park Management Plan.


In an interlocutory decision from February 2026, the court understood that the extent of the damage and the urgency of addressing it had been proven. It was decided that, despite the Forestry Foundation and SP Águas conducting technical studies to mitigate the erosion process and creating a proposal for the relocation of homes being evaluated with the community, such measures would be insufficient to effectively ensure the containment of erosion and the safety of vulnerable families and communities. It pointed out that the predicted increase in extreme weather events and the erosion on the island exacerbate the risks to the environment, the ecosystem, and the lives of families and communities living in the PEIC (Environmental Protection Area of the Island). The court granted the requested urgent injunction, ordering the Forestry Foundation and the State of São Paulo to: (i) obtain the necessary environmental licenses for the adoption of the suggested measures and complete, within 45 days, the environmental and technical impact studies aimed at identifying and implementing effective measures to contain the erosion process in the critical areas of Melão and Pereirinha; (ii) implement, within the stipulated timeframe, provided that the legal environmental conditions are met and there is proven environmental gain, effective measures to mitigate and/or eliminate imminent environmental damage; and (iii) grant, according to the evolution of environmental damage resulting from the erosion process, authorizations to relocate traditional communities to safe areas identified in the studies carried out by the defendants, observing the requirements of applicable environmental legislation, especially the Atlantic Forest Law and the Management Plan of the conservation unit.

In an amendment to the complaint, the Public Prosecutor's Office of São Paulo presented and requested the inclusion in the case file of Technical Report No. 16395934 prepared by CAEX, which presented new facts about the environmental impacts on Cardoso Island and recommended measures to mitigate them. Regarding the Melão dam, it was found that the increased frequency and intensity of extreme weather events have exacerbated the erosion process, indicating a serious risk of the section collapsing even in 2026. The Report recommends maintaining the mitigation measures already adopted, including: (i) the preparation by the Forestry Foundation and traditional communities of an emergency plan for the Melão dam to collapse should it occur before the relocation of the communities; (ii) the pursuit of the least possible environmental impact when relocating the inhabitants of the PEIC (Ilha do Cardoso State Park), observing the precedence of environmental licenses and specific legislation (especially the Atlantic Forest Law); and (iii) the non-adoption of stringent engineering actions or other interventions that alter the still preserved coastal environment.

In its decision in March 2026, the court accepted the amendment and ordered the inclusion and consideration of the Technical Opinion issued by CAEX in the monitoring and execution of the measures already underway, ordering the immediate observance of the recommendations set forth in the opinion.

In its defense, the Forestry Foundation argued, essentially, that the Public Prosecutor's claim should not succeed, as it is based on a false allegation of state inaction in the face of an erosion crisis in the PEIC (Integrated Conservation Unit of the Island), disregarding the complexity of the case and the diligent work of the Forestry Foundation and the State of São Paulo in monitoring, planning, and executing measures to combat the advance of erosion on the Island. It alleged that the narrative of inaction ignores continuous monitoring and inter-institutional coordination by the state in addressing the erosion advance in the Integral Protection Conservation Unit. It emphasized that the phenomenon evidenced has a natural and unpredictable origin, aggravated by climate change and caused by force majeure, being actively addressed by the Public Administration and, therefore, bearing no relation to the responsibility of the Defendants. Given the limits of its legal and administrative competence, it requests, preliminarily, the recognition of its lack of standing to be sued in the action and the dismissal of the case without prejudice due to lack of interest in pursuing the action. It warned that it lacked the necessary technical expertise to carry out the required studies, nor to conduct the environmental licensing and erosion control works. It argued that by judicially demanding the completion of technical studies and environmental licensing within 45 days, the public manager is forced to condense indispensable stages of environmental assessment, not only violating administrative discretion but also allowing hasty interventions to aggravate the erosion process itself, disregard the requirements of the Atlantic Forest Law, and fail to adequately observe the free, prior, and informed consultation with traditional communities. On the merits, it requests the complete dismissal of the claim, considering, above all, that the problem is already being addressed in the administrative spheres.