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Federal Public Prosecutor’s Office v. Gilvan Souza and José dos Santos (Deforestation and climate damage in the Antimary PAE) - petition

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Federal Public Prosecutor’s Office v. Gilvan Souza and José dos Santos (Deforestation and climate damage in the Antimary PAE) - decision

Filing Year For Action

On May 21, 2024, the Federal Public Prosecutor's Office (MPF) filed a Public Civil Action (CPA) against Gilvan Onofre Souza and José Milton Onofre dos Santos for deforesting an area of 1,849.60 hectares between 2017 and 2018 in Boca do Acre, Amazonas. The MPF alleges that the defendants' occupation of the land was illegal because 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 ACP was filed following a set of 22 lawsuits filed by the MPF as a result of the investigation carried out in Civil Inquiry No. 1.13.000.001719/2015-49 into illegal deforestation carried out inside the Antimary Agro-Extractivist Settlement Project (PAE), and is the result of the same CI. The lawsuit was filed following the termination without resolution of the merits of case 1022785-39.2021.4.01.3200, based on the identification of the individuals who had in fact deforested the same area that was the subject of the lawsuits. The lawsuit is based, among other things, on Brazilian environmental law, concerning the constitutional protection of the environment, the accusation of deforestation, propter rem civil liability for environmental damage, including climate damage, and collective moral damages. It also mentions the unauthorized emissions of Greenhouse Gases (GHG) caused by the illegal deforestation of the area, calculated at 1,088,203.70 tons of carbon dioxide and which are directly related to the Brazilian State's departure from its climate goals, out of step with national and international commitments assumed by Brazil in the National Policy on Climate Change - PNMC (Federal Law 12,187/2009) and in the Paris Agreement (promulgated by Federal Decree 9,073/2017). Urgent relief is requested under the terms specified in the initial petition. On the merits, it requests, among other things: (i) compensation for the damage caused by illegal deforestation; (ii) payment of compensation corresponding to intermediate and residual material environmental damage; (iv) payment of compensation corresponding to climate damage; and (v) payment of compensation corresponding to collective moral damage.

On July 22, 2024, the court granted the injunction based on the in dubio pro natura principle. It ordered the removal of all cattle from the area subject to the action within 15 days; a ban on issuing Animal Transportation Guides (GTA) and invoices for the movement of livestock from or to the property; the suspension and prohibition of access to public financing and tax benefits linked to the rural property and rural financing on behalf of the defendants; the suspension by IPAAM and INCRA of the CARs for the contested area.


Federal Public Prosecutor’s Office v. Gilvan Souza and José dos Santos (Deforestation and climate damage in the Antimary PAE)

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A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

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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.

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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.

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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.

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.

People whose sexual orientation, gender identity, or gender expression differs from the majority or societal norms

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

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.

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

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

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.

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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.

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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.

woman and genders outside of the gender binary

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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.

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.

Federal Public Prosecutor’s Office v. Gilvan Souza and José dos Santos (Deforestation and climate damage in the Antimary PAE) - petition

Target

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance