This is one of the 195 Public Civil Actions (ACPs) filed by the Federal Prosecution Service (MPF) under the fourth phase of the “Amazônia Protege” Project, coordinated by the MPF’s 4th Chamber, which aims, among other objectives, to ensure the reparation of environmental damage caused by deforestation in the Amazon.

The lawsuits were filed against several defendants, including individuals and legal entities, held responsible for illegal deforestation in polygons equal to or larger than 60 hectares during the years 2020, 2021, and 2022, in the states of Amazonas, Pará, Rondônia, and Mato Grosso. The actions are based on satellite monitoring of deforestation and seek to hold each party individually accountable, both those directly responsible for the deforestation and those who derive economic benefit from it, such as the registered landholders of the deforested areas.

To identify those responsible for the environmental damage, the MPF used public databases, including data from the Land Management System (SIGEF), the National Rural Property Certification System (SNCI), and the Terra Legal Program, all maintained by the National Institute for Colonization and Agrarian Reform (INCRA), as well as information from the Rural Environmental Registry (CAR) and, where available, Infraction Notices and Embargo Reports for the areas involved.

The lawsuits are grounded on the constitutional protection of the environment and on civil liability propter rem for environmental damages arising from deforestation, including climate damages and collective moral damages. They explicitly refer to the unauthorized emissions of Greenhouse Gases (GHGs) resulting from illegal deforestation.

Among the final requests, the MPF seeks:
 i) An order requiring defendants to pay a specific monetary amount corresponding to the material damage resulting from deforestation;
 ii) An order requiring payment for illegal CO₂ emissions, applying the National Council of Justice (CNJ) Environmental Litigation Protocol, with a valuation of US$ 5.00 per ton of CO₂;
 iii) An order requiring payment for collective moral damages;
 iv) Restoration of degraded areas, including suspension of their use to allow natural regeneration, and submission of a Degraded Area Recovery Plan (PRAD);
 v) Allocation of all compensation funds to federal environmental agencies (IBAMA and ICMBio) operating in the respective states.		

Federal Prosecution Service (MPF) v. Benedito Jose da Silva and Grasiele Boff

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Federal Prosecution Service (MPF) v. Benedito Jose da Silva and Grasiele Boff - petition

Filed

Brazil

Mato Grosso

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

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Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

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Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

Dedicated pool of financial resources for climate-related projects.

Using laws and the legal system more broadly to protect vulnerable entities

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Replacing technologies that burn fossil fuels directly with alternatives powered by electricity.

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Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

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Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

People with different national or cultural traditions from the dominant population

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Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

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This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

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Activities that relate to the production of goods and services from forests.

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Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

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Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Federal Prosecution Service (MPF) v. Benedito Jose da Silva and Grasiele Boff - petition

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance