On September 14, 2021, the Federal Public Prosecutor's Office (MPF) filed a Civil Public Action (CPA) against Josafá de Moura Cunha for deforesting an area of 37.51 hectares, between 2011 and 2020, in Boca do Acre, Amazonas. The MPF alleges that the defendant's 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 is part of 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), but against different defendants. 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 6,497.48 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 made 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). Among other requests: (i) reparation 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. 

Subsequently, INCRA was included in the active party as a co-litigant assistant to the plaintiff.

A judgment was issued recognizing the relationship between deforestation and climate change, presenting extensive arguments on climate change and civil liability for climate damage, acknowledging said damage in the case. The requests were partially granted, condemning the defendant: a) to fulfill the obligation to restore the degraded area according to the Degraded Area Recovery Plan (PRAD); b) to the obligation not to act, consisting of a prohibition on the use of the area by the defendant, in order to allow natural regeneration; c) to pay compensation for material damages related to interim and residual environmental damages, the value of which will be subject to settlement of judgment; d) to pay compensation for climate damages caused by deforestation, in the amount of R$ 623,566.62, using as a basis for calculating the amount of carbon emitted the Technical Note prepared by the Amazon Research Institute (IPAM) and, for pricing purposes, the value of 5 dollars per ton, according to the Amazon Fund; (ee) to the payment of compensation for collective moral damages, in the amount of 5% of the total material damages determined in the settlement of the judgment. Finally, it declared the respective CAR null and void and allocated all the resources obtained to the Fund for Diffuse Rights.

The judgment became final and the case entered the enforcement phase.

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

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

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

Filed

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

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

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.

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

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.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

Dedicated pool of financial resources for climate-related projects.

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.

Actions or measures to adapt terrestrial systems to climate change.

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

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

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

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.

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

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.

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.

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.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

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

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

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

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

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

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

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

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.

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.

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

Policy instrument

Risk

Impacted group

Greenhouse gas

Economic sector

Adaptation/resilience

Finance