Case Name: Ministério Público Federal e INCRA vs. Paulo de Lima Paulo (Deforestation and climate damage in the Antimary Environmental Impact Assessment Program)

Summary

This is a Public Civil Action (ACP) filed by the Federal Public Prosecutor's Office (MPF) against Paulo de Lima Paulo for the deforestation of an area of 146.75 hectares between 2011 and 2018 in Boca do Acre, Amazonas. The MPF alleges that the defendant's occupation of the land was illegal because it is an area within an Agro-extractive Settlement Project (PAE), owned and of interest to the Federal Government, managed by the National Institute for Colonization and Agrarian Reform (INCRA) and occupied by traditional extractive communities. This ACP is part of a set of 22 actions filed by the MPF as a result of the investigation carried out in civil inquiry no. 1.13.000.001719/2015-49, for illegal deforestation carried out within the Antimary Agro-extractive Settlement Project (PAE), but against different defendants. The argument for the action is based, among other points, on Brazilian Environmental Law, regarding the constitutional protection of the environment, the accusation of deforestation, civil liability propter rem for environmental damages, including climate damages, and collective moral damages. It also mentions, as an environmental liability, the unauthorized emissions of Greenhouse Gases (GHG) caused by the illegal deforestation of the area, calculated at 78,938.61 tons of carbon dioxide, which are directly related to the Brazilian State's departure from its climate goals, out of step with national and international commitments assumed by Brazil in the National Policy on Climate Change – PNMC (Federal Law 12.187/2009) and the Paris Agreement (promulgated by Federal Decree 9.073/2017). Among other requests, the following is sought: (i) reparation for the damages caused by the illegal deforestation; (ii) payment of compensation corresponding to intermediate and residual environmental material damages; (iv) payment of compensation corresponding to climate damages; and (v) payment of compensation corresponding to collective moral damages.

Subsequently, INCRA was included in the active party as a co-litigant assistant to the plaintiff.

A judgment was issued recognizing the relationship between deforestation and climate change, presenting extensive arguments on climate change and civil liability for climate damage, acknowledging said damage in the case. The requests were partially granted, condemning the defendant: a) to fulfill the obligation to restore the degraded area according to the Degraded Area Recovery Plan (PRAD); b) to the obligation not to act, consisting of a prohibition on the use of the area by the defendant, in order to allow natural regeneration; c) to pay compensation for material damages related to interim and residual environmental damages, the value of which will be subject to settlement of judgment; d) to pay compensation for climate damages caused by deforestation, in the amount of R$ 1,957,677.57, using as a basis for calculating the amount of carbon emitted the Technical Note prepared by the Amazon Research Institute (IPAM) and, for pricing purposes, the value of 5 dollars per ton, according to the Amazon Fund; e) to the payment of compensation for collective moral damages, in the amount of 5% of the total material damages determined in the settlement of the judgment. Finally, it declared the respective CAR null and void and allocated all the resources obtained to the Fund for Diffuse Rights.The judgment became final and the case entered the enforcement phase.

See more See less

Main norms mobilized

• Article 170 of the Federal Constitution (CRFB/88)
• Article 225 of the Federal Constitution (CRFB/88)
• Article 5th of the Federal Constitution (CRFB/88)
• Federal Constitution (CRFB/88)
• Forest Code (Federal Law 12.651/2012)
• ILO Convention 169 (Federal Decrees 5.051/2004 and 10.088/2019)
• National Environment Policy Act - PNMA (Federal Law 6.938/1981)
• National Policy on Climate Change Act - PNMC (Federal Law 12.187/2009)
• Paris Agreement (Federal Decree 9.073/2017)
• United Nations Framework Convention on Climate Change - UNFCC (Federal Decree 2.652/1998)

Case timeline

Case documents