judgment

Federal Public Prosecutor’s Office and Public Prosecutor’s Office of the State of Paraná vs. Federal Environment Agency (IBAMA) and Environment Agency of the State of Paraná (IAT) - judgment

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Federal Public Prosecutor’s Office and Public Prosecutor’s Office of the State of Paraná vs. Federal Environment Agency (IBAMA) and Environment Agency of the State of Paraná (IAT) - decision

petition

Federal Public Prosecutor’s Office and Public Prosecutor’s Office of the State of Paraná vs. Federal Environment Agency (IBAMA) and Environment Agency of the State of Paraná (IAT) - petition

Filing Year For Action

On May 11, 2020, the Federal Public Prosecutor's Office (MPF) and the Public Prosecutor's Office of the State of Paraná (MPPR), filed a public civil action (environmental class-action) against the Federal Environment Agency (IBAMA) and the Environment Agency of the State of Paraná (IAT). The plaintiffs argue that Order 4.410/2020, issued by the Minister of the Environment, changed the previous understanding on the prevalence of the Atlantic Forest Law (Federal Law 11.428/2006) over the Forest Code (Federal Law 12.651/2012). The previous understanding considered the Atlantic Forest Law specialty in regulating this biome. The plaintiffs argue that the new understanding to apply the Forest Code, which is a less protective general rule, would allow the consolidation of occupation of protected areas (APP) illegally deforested (until July 22, 2008). They emphasize the need for the provisions of the Atlantic Forest Law to prevail due to the specialty and greater protection afforded to the biome. They highlight the importance of the biome and the contribution of its deforestation to greenhouse gas (GHG) emissions, arguing that the National Policy on Climate Change (PNMC – Federal Law 12.187/2009) provides for preservation of biomes considered to be National Heritage, such as the Atlantic Forest. As a preliminary injunction, the plaintiffs request a series of administrative measures to prevent the cancellation of environmental infraction notices issued by the state of Paraná in the event of unauthorized suppression, cutting and/or use of remaining Atlantic Forest vegetation, and that the state environmental agency (IAT) refrain from approving documents that consolidate occupation in protected areas (APP) on properties in the Atlantic Forest with suppressed vegetation. In the final instance, they request that the injunctions be confirmed and that the IAT refrain from granting environmental licenses in favor of activities in APPs in the Atlantic Forest in disagreement with the special legislation.

In their defense, IBAMA and IAT argued that there is no antinomy between the Atlantic Forest Law and the Forest Code, claiming that the Forest Code created an exceptional regime to govern deforested areas consolidated over time in a less rigorous manner, which is applicable to any biome. Both requested that the initial claims be dismissed.

The lower court granted the preliminary injunction requested by the plaintiffs. It considered the special nature of the Atlantic Forest Law, which seeks stricter legal protection for the biome.  Based on the principles of prevention and precaution, the judge held that the application of the Forest Code's provisions in the Atlantic Forest biome could result in serious damage to the environment. 

The ruling upheld the case and partially granted the claims, ordering: (i) the IAT and IBAMA to refrain from canceling environmental infraction notices, embargo and interdiction terms and seizure terms in the state of Paraná and referring to the Atlantic Forest biome; (ii) the IAT not to approve Rural Environmental Registrations (CARs) that are intended to consolidate improper occupation of Permanent Preservation Areas (PPAs) and legal reserves on properties in the Atlantic Forest biome; and (iii) the IAT to stop granting environmental licenses for projects in PPAs located in the Atlantic Forest biome, without due observance of specific protective legislation. It was determined that the measures should be complied with immediately, without being conditional on the offering of a bond and subject to a fine for each act of non-compliance, due to the postulate of prevention, precaution and the principle of in dubio pro natura. The decision highlighted important points such as: (i) the significant size of the Atlantic Forest biome and that forests play the role of climate regulators, contributing to the stabilization and reduction of average temperatures; (ii) the impacts of global warming generated by the irrational use of natural resources combined with deforestation; (iii) the use of market mechanisms, such as the carbon credit market, to protect the Atlantic Forest; and (iv) the economic benefits obtained from the ecological services provided by nature, i.e. maintaining ecological integrity by conserving biodiversity, conserving water and water services, regulating the climate, conserving and improving the soil, among others.

During the judgment of the motion for clarification filed against the ruling, the court fully maintained the dispositive part of the ruling but supplemented the reasoning of the decision already issued. It argued that the issued ruling reinforces environmental protection and, among the grounds for the decision, dedicated a sub-topic to the issue of climate change, asserting that there is a consensus that forest degradation can impact the climate due to CO2 emissions and the impairment of its function as a thermal regulator.

IAT and IBAMA filed an appeal against the issued ruling. The Federation of Agriculture of the State of Paraná (FAEP) and the Paraná Association of Forestry-Based Companies (APRE), as legal representatives of third parties adversely affected, also appealed.

Federal Public Prosecutor’s Office and Public Prosecutor’s Office of the State of Paraná vs. Federal Environment Agency (IBAMA) and Environment Agency of the State of Paraná (IAT)

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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.

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

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

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

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.

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.

Households employing domestic workers, for activities like cooking, cleaning and subsistence farming, for their own use.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

Actions or measures to adapt terrestrial systems to climate change.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

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

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

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

A tax advantage is an economic benefit applied to certain accounts or investments that are, by law, tax-reduced, tax-deferred, or tax-free. This can apply to investments in areas such as green energy projects or the agricultural sector, where tax advantages can help manage financial risks.

Actions to adapt human health, healthcare systems and well-being to climate change.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

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

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

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

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

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.

Actions or measures to adapt freshwater systems to climate change.

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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Electrical energy generated from mechanical devices driven by flowing fresh water.

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

This sector involves the distribution, treatment, and conservation of water resources.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Dedicated pool of financial resources for climate-related projects.

This sector provides communication services, software development, and IT solutions.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

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

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

This sector involves the wholesale and retail selling of goods.

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

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

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

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

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

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

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

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.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

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.

People who have left their homes, whether through force, voluntarily, or a mixture of both

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

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

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

A company that is owned wholly or partially by the state, typically operating in key sectors.

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

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

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

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Federal Public Prosecutor’s Office and Public Prosecutor’s Office of the State of Paraná vs. Federal Environment Agency (IBAMA) and Environment Agency of the State of Paraná (IAT) - judgment

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance