Case Name: Ministério Público Federal, SOS Mata Atlântica e ABRAMPA vs. União Federal (Ordinance 4,410/2020 of the MMA and special legislation of the Atlantic Forest)

Summary

This is a Public Civil Action (ACP), with a request for preliminary injunction, filed by the Federal Public Prosecutor's Office (MPF), SOS Mata Atlântica, and ABRAMPA against the Federal Government, aiming to declare the nullity of Dispatch 4.410/2020 issued by the Ministry of the Environment (MMA). The plaintiffs claim that the challenged Dispatch altered the understanding consolidated in MMA Dispatch 64.773/2017 regarding the specialty of the Atlantic Forest Law (Federal Law 11.428/2006) in relation to the Forest Code (Federal Law 12.651/2012). They argue that the entirety of the Atlantic Forest biome is subject to the Atlantic Forest Law, which, in its system, prevents the consolidation of occupations in illegally deforested Permanent Protection Areas (APP). The problem is that Decree 4,410/2020 mandated that federal public entities apply the Forest Code, which is a more detrimental general rule, allowing the consolidation of occupation of illegally deforested Permanent Preservation Areas (APP) (up to July 22, 2008). Among other issues, they aim to prevent the cancellation of numerous environmental infraction notices for deforestation and fires as a consequence of the eventual consolidation of APP occupation. They emphasize that, in the national territory, the largest source of Greenhouse Gas (GHG) emissions stems from deforestation and changes in land use, and that special legislation, such as the National Policy on Climate Change – PNMC (Federal Law 12,187/2009), provides for the duty of preservation, conservation, and recovery of large natural biomes. Finally, they request, as a preliminary measure, (i) the suspension of the effects of the challenged Order 4,410/2021 and (ii) the reinstatement of the effects of MMA Order 64,773/2017. On the merits, they request, among other issues, the confirmation of the preliminary measure with (i) a declaration of nullity of the challenged Order and (ii) an order compelling the Federal Government to refrain from issuing another normative act with similar content, especially denying the prevalence of the special legislation of the Atlantic Forest over the Forest Code.

The 20th Civil Court of the Federal District Judicial Section (SJDF) declined jurisdiction in favor of the 1st Federal Civil Court of the SJDF, understanding that there was a connection with Popular Action 1024582-66.2020.4.01.3400. The Federal Union argued that the action had become moot due to the spontaneous revocation of Decree 4.410/2020 and emphasized that the matter had been brought by the Attorney General's Office to the Supreme Federal Court (STF) through the filing of a Direct Action of Unconstitutionality, so that the STF will decide, with binding and erga omnes effects, the best interpretation to be given to the normative framework under discussion. Therefore, it requested the dismissal of the case.

In its ruling, the court of the 1st Federal Civil Court of the Federal District (SJDF) determined that the plaintiffs lacked standing to sue, dismissing the case without prejudice. The case file was then sent, by mandatory review, to the Federal Regional Court of the 1st Region for the mandatory double review process. In its decision, the Court upheld the dismissal of the case. After the decision became final, the case was definitively archived.

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Main norms mobilized

• Article 170 of the Federal Constitution (CRFB/88)
• Article 225 of the Federal Constitution (CRFB/88)
• Atlantic Forest Law (Federal Law 11.428/2006)
• Forest Code (Federal Law 12.651/2012)
• National Policy on Climate Change Act - PNMC (Federal Law 12.187/2009)

Case timeline

Case documents