decision

Public Prosecutor’s Office of the State of Mato Grosso v. Nelson Noboru Yabuta - decision

Litigation

Sabin

Sabin Litigation

Filing Year For Action

On October 27, 2010, the Public Prosecutor's Office of Mato Grosso filed a Public Civil Action (class action) against Nelson Noboru Yabuta, aiming to hold him accountable for environmental damage caused by the degradation of native vegetation. The lawsuit sought urgent injunctive relief, environmental regularization of the Luana I and II farms, and compensation for collective moral damages. The plaintiff accused Yabuta of illegally deforesting 119,584 hectares in a Permanent Preservation Area (APP), in Juara, Mato Grosso, without authorization from the environmental agency.

An initial injunction was issued, prohibiting any unlicensed activities on the farms. Subsequently, the court ruled in favor of the plaintiff, ordering Yabuta to pay 20,000 Brazilian Reais (about USD $4,000) as compensation for collective moral damages resulting from the environmental harm. Both parties appealed. Yabuta argued that the Infraction Notice, which was one of the foundations of the lawsuit, had been annulled. The plaintiff contended that the court should recognize the obligations outlined in the Conduct Adjustment Agreement, a pact made between Yabuta and the state environmental agency, to strengthen its enforcement.

On February 21, 2017, the Court of Justice of Mato Grosso dismissed the appeals, upholding Yabuta's conviction and his responsibility to compensate for collective moral damages. The court emphasized that the cancellation of the administrative infraction notice did not absolve him of liability in other domains, as environmental crimes entail triple liability—criminal, administrative, and civil. It was proven that Yabuta had unlawfully deforested the APP and Legal Reserve of the property, disregarding the necessary authorization. His actions, driven by cattle-raising activities, posed a risk of forest desertification, thereby compromising the quality of life for the local population due to climate change and excessive greenhouse gas emissions (GHGs).