Initial Petition from IBAMA (in Portuguese)

On September 11 2023, Brazil’s Federal Environment Agency (“IBAMA”), filed a public civil action (environmental class-action) against two individuals, Brandão de Souza Rezende and Jovino Moreno de Miranda seeking compensation for environmental and climate damages. The plaintiff claims that 489,0545 ha (hectares) of native Cerrado forest were cleared at the Jatobá farm without prior authorization from the competent environmental agency. It highlights the great importance of the Cerrado and that the advance of illegal deforestation of the biome contributes to the climate crisis. According to remote sensing images, the plaintiff claims that the area continues to be exploited (even though it has been embargoed by IBAMA), without regeneration measures having been adopted. It argues that the defendants are civilly liable for the specific environmental damage caused by the irregular suppression of native forest in the Cerrado and the existence of resulting environmental damage that includes damage to fauna, soil, climate and biodiversity, among other harmful consequences related to deforestation. Several measures to secure the prohibition of further exploitation of the deforested area are requested as an injunction. In a definitive manner, it is requested that the defendants be ordered to (i) recover an area corresponding to the deforested one, (ii) pay collective moral damages in the amount of R$3.693.828,63, (iii) pay for the transitory and residual damage caused to ecological heritage, in addition to compensation for the economic profit obtained illegally, including climate damage.

On October 10, 2023, the judge did not grant the injunction and IBAMA filed an Interlocutory Appeal.

IBAMA vs. Brandão e Jovino

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IBAMA vs. Brandão e Jovino - petition

Filed

On September 11 2023, Brazil’s Federal Environment Agency (“IBAMA”), filed a public civil action (environmental class-action) against two individuals, Brandão de Souza Rezende and Jovino Moreno de Miranda seeking compensation for environmental and climate damages. The plaintiff claims that 489,0545 ha (hectares) of native Cerrado forest were cleared at the Jatobá farm without prior authorization from the competent environmental agency. It highlights the great importance of the Cerrado and that the advance of illegal deforestation of the biome contributes to the climate crisis. According to remote sensing images, the plaintiff claims that the area continues to be exploited (even though it has been embargoed by IBAMA), without regeneration measures having been adopted. It argues that the defendants are civilly liable for the specific environmental damage caused by the irregular suppression of native forest in the Cerrado and the existence of resulting environmental damage that includes damage to fauna, soil, climate and biodiversity, among other harmful consequences related to deforestation. Several measures to secure the prohibition of further exploitation of the deforested area are requested as an injunction. In a definitive manner, it is requested that the defendants be ordered to (i) recover an area corresponding to the deforested one, (ii) pay collective moral damages in the amount of R$3.693.828,63, (iii) pay for the transitory and residual damage caused to ecological heritage, in addition to compensation for the economic profit obtained illegally, including climate damage.

On October 10, 2023, the judge did not grant the injunction and IBAMA filed an Interlocutory Appeal. 

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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.

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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

A tax advantage is a fiscal incentive where the government reduces or exempts selected activities, goods or actors from taxes.

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.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

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

Dedicated pool of financial resources for climate-related projects.

A financial institution that manages a country's currency and can promote climate-related initiatives through green monetary policy and other means.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

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.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Actions to reduce emissions in energy generation and supply.

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.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

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.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

This sector involves the wholesale and retail selling of goods.

This sector involves activities to move goods and people, alongside the storage of products.

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

This sector provides communication services, software development, and IT solutions.

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 involves the distribution, treatment, and conservation of water resources.

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.

IBAMA vs. Brandão e Jovino - petition

Target

Policy instrument

Risk

Impacted group

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance