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Federal Public Prosecutor’s Office v. Degmar Serrath de Menezes Caetano (Deforestation and climate damage in the Antimary PAE) - complaint

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Federal Public Prosecutor’s Office v. Degmar Serrath de Menezes Caetano (Deforestation and climate damage in the Antimary PAE) - reply

Filing Year For Action

In September 2021, the Federal Public Prosecutor's Office (MPF) filed a Public Civil Action (ACP) against Degmar Serrath de Menezes Caetano for deforesting an area of 115.91 hectares between 2015 and 2018 in Boca do Acre, Amazonas. The MPF alleges that the defendant’s occupation of the land was unlawful, as the area is part of an Agroextractivist Settlement Project (PAE), which is federal property managed by the National Institute for Colonization and Agrarian Reform (INCRA) and occupied by traditional extractivist communities. This ACP is one of 22 actions brought by the MPF following an investigation under Civil Inquiry No. 1.13.000.001719/2015-49, which addresses illegal deforestation within the Antimary Agroextractivist Settlement Project, though each case involves different defendants.

The legal arguments for the action are based, among other elements, on Brazilian Environmental Law, emphasizing the constitutional protection of the environment, the accusation of deforestation, and civil liability propter rem for environmental damages (including climate-related damages) and collective moral damages. The MPF also underscores the environmental liability arising from unauthorized greenhouse gas (GHG) emissions caused by the illegal deforestation, estimated at 126,491.02 tons of carbon dioxide. These emissions are directly linked to Brazil’s deviation from its climate goals, violating commitments under the National Policy on Climate Change (Federal Law 12,187/2009) and the Paris Agreement.

The ACP includes the following key requests: (i) reversal of the burden of proof from the outset; (ii) immediate cessation of activities contributing to ongoing damage; (iii) restoration of the environment to its original state or, alternatively, payment of compensation aimed at achieving environmental restitution; (iv) payment of compensation for interim and residual environmental material damages; (v) payment of compensation for climate-related damages; and (vi) payment of compensation for collective moral damages.

In March 2022, the defendant filed an answer. Among other arguments, it was claimed that there is an overlap of Rural Environmental Registry (CAR) records and that, in fact, the deforested area is smaller than stated in the initial petition. Additionally, the defense argued that the compensation amounts are excessive, that there is no expert report confirming the value of the climate-related damage, and that there are no objective criteria for determining the amounts for interim and residual damages.

Federal Public Prosecutor’s Office v. Degmar Serrath de Menezes Caetano (Deforestation and climate damage in the Antimary PAE)

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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.

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

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.

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.

Actions or measures to adapt terrestrial systems to climate change.

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

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.

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

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

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

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.

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

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.

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

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

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.

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.

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.

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. Degmar Serrath de Menezes Caetano (Deforestation and climate damage in the Antimary PAE) - complaint

Target

Policy instrument

Risk

Impacted group

Just transition

Greenhouse gas

Economic sector

Adaptation/resilience

Finance