decision

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

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).

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

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

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.

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.

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.

Actions or measures to adapt terrestrial systems to climate change.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Activities that relate to the production of goods and services from forests.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

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.

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

Policy instrument

Risk

Impacted group

Greenhouse gas

Economic sector

Adaptation/resilience

Finance