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Federal Prosecution Service (MPF) v. Ivanildo Belavita de Santana; Josias Pereira da Costa; and Rubens José do Nascimento — Environmental Public Civil Action (Illegal Deforestation in Apuí, Amazonas) - petition

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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. Ivanildo Belavita de Santana; Josias Pereira da Costa; and Rubens José do Nascimento — Environmental Public Civil Action (Illegal Deforestation in Apuí, Amazonas)

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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.

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

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

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

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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.

People with different national or cultural traditions from the dominant population

Actions or measures to adapt terrestrial systems to climate change.

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

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

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

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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.

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

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Dedicated pool of financial resources for climate-related projects.

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This sector involves activities to move goods and people, alongside the storage of products.

Federal Prosecution Service (MPF) v. Ivanildo Belavita de Santana; Josias Pereira da Costa; and Rubens José do Nascimento — Environmental Public Civil Action (Illegal Deforestation in Apuí, Amazonas) - petition

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