Case Name: IBAMA vs. Minerva Ribeiro de Barros e Genesisagro S/A (Illegal deforestation in the Cerrado)

Summary

This is a Public Civil Action (ACP), with a preliminary request, filed by the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) against Minerva Ribeiro de Barros and Genesisagro S/A. This ACP is part of a set of 2 actions proposed by IBAMA with the same grounds, but against different defendants, to question illegal deforestation in the Cerrado. The action is based on administrative process no. 02012.003081/2018-23, drawn up on 12/06/2018, which investigates the deforestation of 190.960 ha (hectares) of native cerrado forest, in an area considered a legal reserve of the Pedra Chata Piranhas Farm, in the municipality of Grajaú/MA, without prior authorization from the competent environmental agency. The great importance of the Cerrado is highlighted and that the advance of illegal deforestation in 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. The defendants are defending the civil liability for the specific environmental damage caused by the irregular removal of native forest in the Cerrado and the existence of resulting environmental damages that include damage to fauna, soil, climate, biodiversity, among other harmful consequences related to deforestation. Thus, in addition to in natura reparation, IBAMA claims the need to repair interim damage, residual damage and environmental moral damage, in addition to restitution of the illicit enrichment obtained. Therefore, it requests a preliminary injunction prohibiting the exploitation of the deforested area in any way during the proceedings of the lawsuit, the suspension of incentives or tax benefits, the suspension of access to credit lines granted with public funds, the unavailability of movable and immovable assets of the defendants and the registration of the existence of the ACP outside the real estate registration. The defendants are definitively ordered to (i) be required to perform the action required to restore an area corresponding to the deforested area, (ii) be required to pay collective moral damages in the amount of R$1,442,320.88 (one million, four hundred and forty-two thousand, three hundred and twenty reais and eighty-eight centavos), (iii) be required to pay for temporary and residual damages caused to the ecological heritage, in addition to compensation for the economic benefit obtained illegally, the value of which will be determined in the settlement of the judgment, and (iv) be registered as a legal reserve for the property. The amounts corresponding to the compensation shall be transferred to the Fund for the Reconstitution of Damaged Assets.

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Main norms mobilized

• Article 225 of the Federal Constitution (CRFB/88)
• Forest Code (Federal Law 12.651/2012)
• National Environment Policy Act - PNMA (Federal Law 6.938/1981)

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