📋 Tender Overview
The General Advocacy of the Union (AGU) obtained, in court, the unavailability of more than R 17 million in default assets in the Amazon. The performance of Agui-Recupera, a strategic group that has the attribution to adopt legal measures for protection of Brazilian biomes and cultural heritage, was within the scope of public civil action (ACP) filed in favor of the Brazilian Institute of Environment and Renewable Natural Resources (Ibama) for the recovery of 774.55 hectares of deforested area. The land is part of a farm located in the state of Mato Grosso, inserted in the Amazonian biome.
The request of the federal prosecutors that make up the Environmental Matter Center of the Final Matter Team of the 1st Region was based on the principle that environmental liability has an objective and supportive character. Environmental liability is the legal obligation to repair or indemnify damage caused to the environment. When this responsibility is objective, it means that the cause of the damage is obliged to repair it, even without fault. This is what will have to do the deforest farmer; recover the deforested area.
Illegal deforestation
Public lawyers clarified that deforestation occurred without the authorization or license of a competent environmental authority. The area was even embargoed, that is, it was determined that no activity was performed in it. The goal was to ensure the beginning of natural regeneration. However, the decision was not respected and the 774.55 hectares continued to be explored.
Given this, the AGU requested the granting of an injunction for the guardian to be prohibited from exploring the area, requested the unavailability of his assets, the suspension of tax benefits or incentives, as well as the endorsement of the existence of ACP to real estate enrollment. The endorsement occurs through the annotation in the registration of the property, informing that there is a lawsuit in progress that can affect the good.
Injunction
The Federal Court of the Single Court of the Judicial Subsection of Barra do Garcas (MT) accepted the arguments of AGU and granted the request for urgent relief, decreeing the prohibition of the defendant to explore, in any case, the deforested area. With the decision, the terrain should be rest, without exploration, for the process of natural regeneration during the process.
Also determined was the blockade R 17,771,854.15, via Sisbajud System, a system that connects justice to the Central Bank and financial institutions, with the objective of guaranteeing the electronic transmission of judicial decisions of asset blocking.
It was also determined the suspension of incentives and/or tax benefits, as well as access to the credit lines granted by the public power to the defendants, until the environmental damage is completely regenerated, and the Central Bank of Brazil must be notified, so that all official credit institutions be issued.
It is well known that the environment has special protection in the Federal Constitution, and it is up to the public power, as well as the community, the duty to defend it, adopting all the provisions provided for in order to ensure an ecologically balanced environment, thus preserving it to present and future generations, said the magistrate in the part of the decision.
The court also received AGU argument in the sense that the farmer has been exercising in the area economic activity contrary to the rules that govern the matter, causing environmental degradation. The present framework refers to the absence of commitment of the owner in the observance of environmental laws even as a certainty of ineffectiveness of administrative measures so far taken, the magistrate said in another part of the decision.
According to federal prosecutor Natalia Lacerda, coordinator of the PRF Environment Center, the court decision recognizes the urgency to preserve the Amazon and responsible who insists on degrading it. The task force in defense of the Amazon is made up of members of the Federal Attorney Generals Office (PGF), and the Attorney Generals Office (PGU). The PRF1a Region is PGF unit, AGU organ.
Reference Process: Public Civil Action No. 1000972-942024.4.01-3605
Special Advisory of Social Communication of AGU
