Case Name: Ministério Público Federal vs. União Federal e outros (Deforestation hotspots in the Amazon)

Summary

This is a Public Civil Action (ACP) filed by the Federal Public Prosecutor's Office (MPF) against the Federal Government, IBAMA, ICMBio and FUNAI, preceded by a request for provisional urgent relief in advance. The aim is to immediately implement command and control actions to contain environmental offenders in at least the ten main hotspots of environmental crimes in the Amazon. The action questions (i) the increasing deforestation curve in the biome, which demonstrates non-compliance with the measures provided for in the National Policy on Climate Change – PNMC (Federal Law 12,187/2009) and in the Action Plan for the Prevention and Control of Deforestation in the Legal Amazon (PPCDAm), which aims to fulfill the commitments assumed by Brazil in the United Nations Framework Convention on Climate Change – UNFCCC (promulgated by Federal Decree 2,652/1998), in the Paris Agreement (promulgated by Federal Decree 9,073/2017) and in the Copenhagen Agreement, whose goals were incorporated by the PNMC; and (ii) the uncontrolled spread of the Sars-CoV-2 virus – related to the COVID-19 pandemic – throughout the forest, putting at risk especially the most vulnerable Amazonian populations, such as indigenous people, riverside communities, quilombolas, extractivists, rubber tappers and small farmers, as well as urban populations. The MPF seeks to hold the Federal Government accountable for the damages caused to the environment and to traditional peoples of the Amazon due to the failure to adopt timely measures to protect the environment and health in the context of the COVID-19 pandemic. At the moment, the case is under judicial secrecy, and it is not possible to consult the documents attached, progress made or analyze any possible developments.

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Main norms mobilized

• Article 225 of the Federal Constitution (CRFB/88)
• Article 231 of the Federal Constitution (CRFB/88)
• Article 5th of the Federal Constitution (CRFB/88)
• National Policy on Climate Change Act - PNMC (Federal Law 12.187/2009)
• Paris Agreement (Federal Decree 9.073/2017)
• Unites Nations Framework Convention on Climate Change - UNFCC (Federal Decree 2.652/1998)

Case documents

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