Case Name: Francisco dos Santos Sampaio vs. FEMARH e Glicério Marcos Fernandes Pereira (Carbon credits in protected areas in the Lower Rio Branco region)

Summary

This is an Environmental Popular Action (APop), with a request for urgent relief, filed by Francisco dos Santos Sampaio, against the State Foundation for the Environment and Water Resources (FEMARH) and Glicério Marcos Fernandes Pereira, at the time president of the environmental agency. The action questions the irregular contracting of a private company to sell carbon credits on the global market generated in public areas of State Conservation Units in the Lower Rio Branco, Roraima. It is alleged that there was no popular participation in the contracting and, especially, a lack of free, prior, informed and good faith consultation with the traditional communities that inhabit the region and promote its preservation. It is also alleged that there was no due sharing of benefits generated by the carbon credits, disregarding the rights of these populations. Other irregularities include disrespect for transparency and bidding processes, constituting environmental and social harm. The action highlights that the acts committed violate administrative morality, the rights of local populations and environmental balance. As a preliminary measure, the immediate suspension of contracts and activities resulting from the public call is requested, to avoid irreversible damage.

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 closed.

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Main norms mobilized

• ILO Convention 169 (Federal Decrees 5.051/2004 and 10.088/2019)
• National System of Conservation Units Law - SNUC (Federal Law 9.985/2000)

Case timeline

Case documents