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Federal Public Prosecutor’s Office v. Clair Cunha da Silva (Deforestation and climate damage in the PAE Antimary) - complaint

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Federal Public Prosecutor’s Office v. Clair Cunha da Silva (Deforestation and climate damage in the PAE Antimary) - reply

Filing Year For Action

On June 29, 2021, the Federal Public Prosecutor's Office (MPF) filed a Civil Public Action (CPA) against Clair Cunha da Silva for deforesting an area of 370.97 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 215,909.79 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.

On February 14, 2022, Clair Cunha da Silva filed an answer, arguing that she had never held possession or ownership of the area, as she had been living in another state for more than 50 years. She contended that the responsibility for preserving, protecting, monitoring, and preventing invasions and exploitation of the area lies with public officials. She requested that the case be dismissed in its entirety.

Federal Public Prosecutor’s Office v. Clair Cunha da Silva (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.

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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.

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.

Actions or measures to adapt terrestrial systems to climate change.

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

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

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

Activities involving the management, development, and sale of property assets.

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

woman and genders outside of the gender binary

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

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.

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

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

Federal Public Prosecutor’s Office v. Clair Cunha da Silva (Deforestation and climate damage in the PAE Antimary) - reply

Policy instrument

Risk

Impacted group

Just transition

Economic sector

Adaptation/resilience

Finance