Case Name: MPSP vs. Usina Mandu S.A. (Burning of Sugarcane Straw)

Summary

This is a Public Civil Action (ACP) filed by the Public Prosecutor's Office of the State of São Paulo (MPSP) against Usina Mandu SA due to the burning of sugarcane straw during a period of suspension. The judgment in the case ordered the defendant to compensate for the environmental damage caused by the illegal burning, in the amount of R$400,000.00. Both the plaintiff and the defendant appealed the decision. The MPSP requested an increase in the amount, arguing that the burning caused air pollution, with negative effects on public health and the environment.

Following the filing of an appeal by the Public Prosecutor's Office of São Paulo (MPSP), the dissenting vote of the judgment prevailed. The dissenting vote determined that the polluting company should receive an administrative fine and compensate for the damages caused by the illegal burning. To analyze civil liability, it considered the amount of gases released into the atmosphere, determining, for this purpose, the multiplication of the area by the duration of the burning. It estimated the emission at 15 tons of CO2 per hectare for 30 to 60 minutes, a time it considered average for burnings. It decided that the carbon price should be determined in the carbon market foreseen in the BM&F; BOVESPA of São Paulo. It was determined that the value would be determined in a settlement by arbitration.

During the settlement phase, the calculation resulting in a judgment amount of R$215,655.50 was approved.

*The case file consists of physical documents, and therefore, the analyses were conducted based on the judgment, dissenting opinion, and decision in the liquidation phase.

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Main norms mobilized

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

Case timeline

Case documents