petition

Federal Public Prosecutor’s Office v. Sebastião da Costa Mariano (Operation Smoke and climate damage) - petition

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Litigation

Sabin

Sabin Litigation

Filing Year For Action

On November 26, 2024, the Federal Public Prosecutor's Office (MPF) filed a Public Civil Action (ACP), with a request for an injunction, against Sebastião da Costa Mariano, due to the illegal deforestation of an area of 903.22 hectares in the Municipality of Boca do Acre/AM, which occurred in 2021 and was verified through Operation Smoke. Between 2021 and September 2024, in the same place, the defendant allegedly caused fires in the vegetation with the aim of clearing and maintaining pastures for cattle breeding. The lawsuit argues explicitly about the relationship between deforestation and climate change and its extreme effects at local and regional levels. It points out that Brazil's main source of greenhouse gas emissions is through deforestation, highlighting the situation in the Amazon and Brazil's commitments to reduce deforestation in the biome. It points out that the illegal deforestation in the case in point led to the emission of 534,613.750272 tons of carbon dioxide, which imposes the duty to compensate for material intermediate and residual climate damage. It uses the Amazon Fund's calculation basis to assign the value of US$ 5.00 for each ton of CO2 emitted, resulting in the quantification of compensation at R$ 15,236,491.88. It requests a preliminary injunction to, among other measures, remove the cattle herd from the area in question, suspend access to financing and suspend registration in the CAR. As final requests, it asks for (i) the defendant to be ordered to repair the environmental damage by recovering the area; to be ordered to pay compensation for the intermediate and residual material environmental damage, for the social cost of the illicit act, with restitution of the illegally obtained profits, in the amount of R$ 19,404. 778.48; the obligation to pay compensation for residual and intermediate environmental damage, in the amount of R$15,236,491.88; the obligation to pay compensation for collective moral damage in the amount of R$9,702,389.24 and (ii) the reversal of the amounts of the conviction to the federal inspection bodies (IBAMA and ICMBio).

Federal Public Prosecutor’s Office v. Sebastião da Costa Mariano (Operation Smoke and climate damage)

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

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