<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>

Litigation

Sabin

Sabin Litigation

complaint

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

reply

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

judgment

Federal Public Prosecutor’s Office v. Nilton Oliveira da Silva (Deforestation and climate damage in the PAE Antimary) - judgment

Filing Year For Action

On September 13, 2021, the Federal Public Prosecutor's Office (MPF) filed a Civil Public Action (CPA) against Nilton Oliveira da Silva for deforesting an area of 181.40 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 Agroextractivist 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 part of a set of 22 lawsuits filed by the MPF as a result of the investigation conducted under Civil Inquiry No. 1.13.000.001719/2015-49 into illegal deforestation within the Antimary Agroextractivist Settlement Project (PAE), although each case involves different defendants. The lawsuit is based, among other elements, on Brazilian environmental law, emphasizing the constitutional protection of the environment, allegations of deforestation, propter rem civil liability for environmental damage (including climate-related damage), and collective moral damages. The action also highlights the unauthorized emissions of greenhouse gases (GHG) caused by the illegal deforestation of the area, estimated at 107,470.09 tons of carbon dioxide, which are directly linked to Brazil’s failure to meet its climate goals. These emissions place the country at odds with its national and international commitments 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 MPF seeks:
(i) reparation for the damage caused by illegal deforestation;
(ii) payment of compensation for interim and residual material environmental damage;
(iii) payment of compensation for climate-related damage; and
(iv) payment of compensation for collective moral damage.

On September 5, 2022, Nilton Oliveira da Silva filed an answer, arguing that he was not a legitimate party to the lawsuit due to an alleged lack of evidence proving that he owned the land and was responsible for the deforestation. Among other arguments, he requested an environmental forensic assessment to verify the alleged damage and its extent. He also contended that the public civil inquiry on which the lawsuit is based violated the principle of due process and that there was no demonstrated causal link to establish civil liability. Additionally, he argued that seeking compensation for material damage and requiring restoration of the degraded area was improper. He further maintained that if the plaintiff sought compensation for environmental damage, climate-related damage would already be inherently included, making it inappropriate to claim them separately. Finally, he requested that the lawsuit be dismissed.

A decision was issued granting the request of the Federal Public Prosecutor's Office to consolidate the public civil actions no. 1008097-09.2020.4.01.3200 and no. 1007382-64.2020.4.01.3200 into the present Public Civil Action. The request of the Federal Public Prosecutor's Office is based on the relationship of contiguity, since there is partial identity of object because the present lawsuit contains the polygons that are the object of those actions, and additionally, includes a polygon that is located within the same CAR (Rural Environmental Registry).

In a ruling issued in February 2026, the court recognized the climate litigation nature of the lawsuit and the importance of the Amazon in climate regulation, stating that illegal deforestation generates illegitimate greenhouse gas emissions and compromises environmental public policies. It concluded that the defendant was objectively liable, based on the theory of integral risk and the propter rem nature of environmental obligations, and ordered the defendant to (i) restore the degraded area through a PRAD (Environmental Recovery Plan), refrain from further interventions, (ii) pay compensation for material damages related to interim and residual environmental damages; (iii) pay compensation for climate damages in the amount of R$ 2,839,589.54, adopting a price of US$ 5.00 per ton of CO2 and in accordance with the Amazon Fund; and (iv) pay collective moral damages (5% of the total value of material damages), in addition to declaring the CAR (Rural Environmental Registry) linked to the area null and void. The resources obtained from this action must be allocated to the Fund for Diffuse Rights.

Federal Public Prosecutor’s Office v. Nilton Oliveira da Silva (Deforestation and climate damage in the PAE Antimary)

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.

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. Nilton Oliveira da Silva (Deforestation and climate damage in the PAE Antimary) - complaint

Target

Policy instrument

Risk

Impacted group

Just transition

Greenhouse gas

Economic sector

Adaptation/resilience

Finance