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Federal Public Prosecutor’s Office v. Ana Paula Moura de Souza (Deforestation and climate damage in the PAE Antimary) - complaint

reply

Federal Public Prosecutor’s Office v. Ana Paula Moura de Souza (Deforestation and climate damage in the PAE Antimary) - reply

judgment

Federal Public Prosecutor’s Office v. Ana Paula Moura de Souza (Deforestation and climate damage in the PAE Antimary) - judgment

Filing Year For Action

On September 13, 2021, the Federal Public Prosecutor's Office (MPF) filed a Civil Public Action (CPA) against Ana Paula Moura de Souza for deforesting an area of 354.37 hectares between 2011 and 2020 in Boca do Acre, Amazonas. The MPF alleges that the defendant’s occupation of the land was illegal, as it was part of an Agro-Extractivist Settlement Project (PAE) owned and managed by the National Institute for Colonization and Agrarian Reform (INCRA) and occupied by traditional extractivist communities.

This CPA is one of 22 lawsuits filed by the MPF as a result of an investigation conducted under Civil Inquiry No. 1.13.000.001719/2015-49 into illegal deforestation within the Antimary Agro-Extractivist Settlement Project (PAE), though each case involves different defendants. The lawsuit is based, among other things, on Brazilian environmental law concerning the constitutional protection of the environment, allegations of deforestation, propter rem civil liability for environmental damage (including climate damage), and collective moral damages. It also references the unauthorized emissions of greenhouse gases (GHG) caused by the illegal deforestation, calculated at 251,107.86 tons of carbon dioxide, which directly contribute to Brazil's deviation from its climate goals—placing it out of step with both national and international commitments established under the National Policy on Climate Change (PNMC) (Federal Law 12.187/2009) and the Paris Agreement (promulgated by Federal Decree 9.073/2017).

Among other requests, the lawsuit seeks:
(i) reparation for the damage caused by illegal deforestation;
(ii) payment of compensation for intermediate and residual material environmental damage;
(iii) payment of compensation for climate damage; and
(iv) payment of compensation for collective moral damages.

The defendant was summoned by public notice and declared in default, with the Federal Public Defender’s Office appointed as a special curator. On October 31, 2024, an answer was filed, arguing that the expert report attached to the initial claim does not establish the defendant’s authorship of the alleged damage, and therefore, no causal link—fundamental for civil liability—has been proven. It further contended that, given the time lapse between the deforestation and the filing of the lawsuit, the degraded area may have already regenerated. Additionally, it challenged the disproportionate amount of compensation for material damages and argued for the exclusion of collective moral damages related to the environment. On the merits, it requested the dismissal of the lawsuit.

Subsequently, INCRA was included as a co-litigant assistant to the plaintiff.

A judgment was issued in August 2025, in which the requests were partially granted, ordering the defendant to (i) restore the degraded area (354.37 hectares), (ii) refrain from using the area, in order to allow natural regeneration, (iii) pay compensation for material damages related to intermediate and residual environmental damages, (iv) pay compensation for climate damages caused by deforestation, in the amount of R$ 6,566,470.48, adopting the price of US$ 5.00 per ton of CO2e, according to the Amazon Fund, and (v) pay compensation for collective moral damages. It was determined that resources obtained from this action should be allocated to the Fund for Diffuse Rights.

The defendant filed an appeal against the judgment.

Federal Public Prosecutor’s Office v. Ana Paula Moura de Souza (Deforestation and climate damage in the PAE Antimary)

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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

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

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.

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.

Actions or measures to adapt terrestrial systems to climate change.

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

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.

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 relate to the production of goods and services from forests.

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

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

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.

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.

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.

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.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

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

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

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.

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.

Federal Public Prosecutor’s Office v. Ana Paula Moura de Souza (Deforestation and climate damage in the PAE Antimary) - judgment

Policy instrument

Risk

Impacted group

Greenhouse gas

Economic sector

Adaptation/resilience

Finance