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Federal Public Prosecutor’s Office v. Jorginei Anjos Batista (Deforestation and climate damage in the Antimary PAE) - ruling

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Federal Public Prosecutor’s Office v. Jorginei Anjos Batista (Deforestation and climate damage in the Antimary PAE) - petition

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Federal Public Prosecutor’s Office v. Jorginei Anjos Batista (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 (Ação Civil Pública - ACP) against Jorginei Anjos Batista due to deforestation of an area of 124.47 hectares between 2015 and 2017, in Boca do Acre, Amazonas. The MPF alleges that the defendant's occupation of the land was unlawful as it is part of an Agroextractivist Settlement Project (Projeto de Assentamento Agroextrativista - PAE), owned by and of interest to the Federal Union, managed by the National Institute for Colonization and Agrarian Reform (INCRA), and occupied by traditional extractivist communities. This ACP is part of a set of 22 actions filed by the MPF following an investigation conducted under Civil Inquiry No. 1.13.000.001719/2015-49, concerning illegal deforestation within the Antimary Agroextractivist Settlement Project (PAE), but involving different defendants. The claims in the action are based, among other points, on Brazilian Environmental Law, particularly regarding the constitutional protection of the environment, allegations of deforestation, strict liability for environmental damages—including climate-related damages—and collective moral damages. The claim also cites, as environmental liabilities, unauthorized greenhouse gas emissions resulting from the illegal deforestation, calculated at 69,196.81 tons of carbon dioxide. These emissions are directly tied to Brazil's deviation from its climate goals, conflicting with the country’s national and international commitments under the National Policy on Climate Change (Federal Law No. 12,187/2009) and the Paris Agreement. 

The relief sought includes, among other requests: 
(i) compensation for the damages caused by the unlawful deforestation; 
(ii) payment of compensation for intermediate and residual environmental material damages; 
(iii) payment of compensation for climate-related damages; and 
(iv) payment of compensation for collective moral damages.

In April 2024, the defendant filed a defense. He denied committing any environmental wrongdoing, emphasizing that the alleged deforestation occurred in 2015, at which time he no longer had possession of the area, which he had transferred to third parties in 2016 through a verbal agreement for the transfer of rights. He highlighted that the data relied upon in the action, originating from the Rural Environmental Registry (Cadastro Ambiental Rural - CAR), contain overlapping records, undermining the accuracy of the information and the proper identification of responsibilities. The defendant contested the existence of collective moral damages, intermediate and residual environmental material damages, and climate-related damages. He argued that the amounts sought as compensation are disproportionate and based on generic assumptions. Accordingly, he requested that the action be dismissed.

A ruling was issued that recognized the relationship between deforestation and climate change, presenting extensive arguments regarding climate change and civil liability for climate damage, acknowledging such damage in the case. The court partially granted the claims, ordering the defendant:

a) to comply with the obligation to restore the degraded area according to the Degraded Area Recovery Plan (PRAD);
b) to a negative obligation, consisting of a prohibition on the defendant's use of the area, to allow for natural regeneration;
c) to pay compensation for material damages related to interim and residual environmental damages, the amount of which will be determined in a subsequent enforcement proceeding;
d) to pay compensation for climate damages caused by deforestation, in the amount of R$ 1,809,496.47, using the Technical Note prepared by the Amazon Research Institute (IPAM) as the basis for calculating the quantity of carbon emitted and, for pricing purposes, the value of US$ 5 per ton, according to the Amazon Fund;
e) to pay compensation for collective moral damages, amounting to 5% of the total material damages determined in the enforcement of the judgment.

Finally, the court annulled the corresponding CAR and allocated all funds obtained to the Diffuse Rights Fund.

The defendant filed an appeal seeking to overturn the ruling to dismiss the claims or to have the decision declared null and void.

Federal Public Prosecutor’s Office v. Jorginei Anjos Batista (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.

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.

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

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 provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

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

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.

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. Jorginei Anjos Batista (Deforestation and climate damage in the Antimary PAE) - ruling

Policy instrument

Risk

Impacted group

Greenhouse gas

Economic sector

Adaptation/resilience

Finance