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Ministério Público Federal v. de Rezende - petition

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Ministério Público Federal v. de Rezende - decision

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On April 16, 2021, a Federal Environmental and Agrarian Court in Brazil issued a preliminary decision granting an injunction against a Brazilian farmer (Dauro Parreiras de Rezende), ordering the removal of a cattle herd from farms that caused deforestation. The case was brought by the Amazon Task Force, established by the federal public prosecutors in 2018 to combat illegal deforestation in Amazonia, through the Ministério Público Federal (MPF), or the federal prosecution office. The MPF brought a tort case against de Rezende for causing the deforestation of 2,488.56 hectares (the equivalent of 4,650 football fields) between 2011 and 2018 in the Amazon, in violation of the right to a healthy environment guaranteed by the Brazilian Constitution. In its preliminary decision, the Court also suspended any paperwork related to the movement of cattle to or from the farms.

The MPF further seeks up to R$ 85.4 million (about USD $17 million) in monetary damages from de Rezende for (i) residual material and intermediate climate damage, i.e., the value of emissions that deforestation has caused; (ii) collective pain and suffering as a violation of human rights (moral damages); (iii) intermediate and residual material environmental damages; and (iv) compensation for illegal profits from deforestation.

On June 22, 2021, the defendant filed a defense. It claimed that, despite being the owner of the land, it had not committed a criminal act, since the area had been cleared by illegal occupants. He argued that the government was objectively responsible, as it had failed to monitor the environment of the occupants of Fazenda Santa Luiza and the Pae Antimari area. He said that he had not remained inert in the face of the occupations. He explained that, given the invasions of his possession, INCRA had not issued the Title of Recognition of Domain (TRD) and that, as a result, he was unable to apply for environmental licensing before the Amazonas Institute for Environmental Protection (IPAAM) or the Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA). It argued that the area covered by the ACP is not a special preservation area, but a conversion area intended for alternative land use. As for the material damage to the environment, he pointed out that it had been delimited with imprecise data, based on a generic opinion from IBAMA, used universally in other lawsuits. About collective moral damage, he argued that there was no evidence in the case file of any particular social harm to the community in terms of morale. It claimed that there was no causal link between its authorship and the materiality of the environmental damage since the area was degraded by the invaders. It requested (i) that the environmental CPA be extinguished, without resolving the merits; (ii) that the reversal of the burden of proof be prohibited, to the benefit of the defendant; (iii) that the action be dismissed. 

Ministério Público Federal v. de Rezende

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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.

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.

Ministério Público Federal v. de Rezende - petition

Target

Policy instrument

Risk

Impacted group

Just transition

Greenhouse gas

Economic sector

Adaptation/resilience

Finance