Nome do Caso: Ministério Público do Estado de Mato Grosso vs. Nelson Noboru Yabuta (Dano ambiental moral coletivo)

Resumo

This is a Public Civil Action (ACP), with a request for urgent relief, proposed by the Public Prosecutor's Office of the State of Mato Grosso (MPMT) against Nelson Noboru Yabuta, with the objective of holding the defendant liable for environmental damages caused by the degradation of native vegetation (forest), obtaining environmental regularization of the Luana I and II Farms, as well as a conviction for collective moral damages. The MPMT alleges - based on a Notice of Violation issued by the State Secretariat for the Environment - that the defendant deforested 11,9584 hectares in a Permanent Preservation Area (APP), without authorization from the environmental agency, on the aforementioned Farms, owned by the defendant, in the municipality of Juara/MT. The Public Administration and the defendant signed a Reserve Compensation Term (TCR) and a Conduct Adjustment Term (TAC), in which the owner took responsibility for recovering the deforested area, giving rise to the cancellation of the Notice of Violation. In addition, the Single Environmental License (LAU) was issued. As a preliminary injunction, the Court of the 1st District of Juara/MT prohibited the performance of any activity not licensed by the responsible agency. Subsequently, the judgment handed down by said Court partially upheld the claims made by the plaintiff, sentencing Nelson Noboru Yabuta to pay collective moral damages due to the environmental damage caused. Both parties appealed the decision. The judgment, handed down by the 4th Civil Chamber of the Court of Justice of the State of Mato Grosso (TJMT), denied the appeals, thus upholding the defendant's sentence to pay compensation for collective moral damages. It was highlighted that the cancellation of a Notice of Violation in the administrative sphere does not prevent liability in other spheres, since environmental offenses admit triple liability (criminal, administrative and civil). It was concluded that it was proven that Nelson Noboru Yabuta deforested, without authorization from the competent authority, 100% of the Permanent Preservation Area and the Legal Reserve of the property in question for the exercise of livestock activity, and that such conduct could contribute to the desertification of the forest, which would compromise the quality of life of the local population, mainly due to climate change and excessive emission of Greenhouse Gases (GHG). The defendant deposited the amount of the judgment to the Mato Grosso State Environmental Fund, in addition to having paid the fees and court costs. Therefore, the case was archived. * Since no other documents in the case were accessed, the classifications and this summary were completed based exclusively on the Judgment issued by the 4th Civil Chamber of the TJMT.

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Principais recursos

Apelação Cível 33151/2015 (MPMT / Nelson Noboru Yabuta - TJMT)

Principais normas mobilizadas

• Art. 225 da Constituição da República Federativa do Brasil de 1988 (CRFB/88)
• Política Nacional do Meio Ambiente - PNMA (Lei Federal 6.938/1981)
• Código Florestal (Lei Federal 12.651/2012)
• Lei de Crimes Ambientais (Lei Federal 9.605/1998)

Timeline do Caso

Documentos do Caso