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Francisco dos Santos Sampaio v. FEMARH and Glicério Marcos Fernandes Pereira (Carbon Credits and Violation of Prior Consultation) - Other

ruling

Francisco dos Santos Sampaio v. FEMARH and Glicério Marcos Fernandes Pereira (Carbon Credits and Violation of Prior Consultation) - ruling

judgment

Francisco dos Santos Sampaio v. FEMARH and Glicério Marcos Fernandes Pereira (Carbon Credits and Violation of Prior Consultation) - judgment

Filing Year For Action

In September 2024, Francisco dos Santos Sampaio filed a Popular Environmental Action (Ação Popular Ambiental - APop), along with a request for urgent relief, against the Fundação Estadual do Meio Ambiente e Recursos Hídricos (FEMARH, the Roraima State Environmental Agency) and Glicério Marcos Fernandes Pereira, who at the time was the president of the environmental agency. The lawsuit challenges the irregular hiring of a private company for the commercialization of carbon credits in conservation units in the Baixo Rio Branco region of Roraima. The plaintiff alleges the lack of public participation in the hiring process and, in particular, the absence of prior consultation with the traditional communities that inhabit the region and contribute to its preservation. It is further claimed that there was no proper benefit-sharing from the carbon credits generated, disregarding the rights of these populations. Other alleged irregularities include lack of transparency and favoritism in the bidding process, resulting in environmental and social harm. The lawsuit emphasizes that the actions in question violate administrative morality, the rights of local populations, and environmental balance. As part of the preliminary injunction, the plaintiff requests the immediate suspension of the contracts and activities resulting from the public call, to prevent irreversible damage. On the merits, the plaintiff seeks: (i) annulment of the contracts and the public call; (ii) conducting a new administrative procedure with the participation of traditional communities and the implementation of benefit-sharing mechanisms; and (iii) compensation for the environmental and social damages caused.

The case highlights the importance of adhering to principles of transparency, public participation, and respect for the rights of traditional communities in environmental and carbon credit projects.

A ruling was issued that dismissed the case without a judgment on the merits, due to FEMARH having administratively annulled the contracts because of legal defects.

On July 2025 a judgment was issued dismissing the action without prejudice, because FEMARH had administratively annulled the contracts due to legal irregularities. The decision became final and the case file was permanently archived.

Francisco dos Santos Sampaio v. FEMARH and Glicério Marcos Fernandes Pereira (Carbon Credits and Violation of Prior Consultation)

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Francisco dos Santos Sampaio v. FEMARH and Glicério Marcos Fernandes Pereira (Carbon Credits and Violation of Prior Consultation) - Other

Policy instrument

Risk

Impacted group

Just transition

Economic sector

Adaptation/resilience

Finance