petition

Institute of Amazonian Studies v. Federal Union and Federal Environmental Agencies (IBAMA and ICMBio) (Chico Mendes Extraction Reserve) - petition

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Institute of Amazonian Studies v. Federal Union and Federal Environmental Agencies (IBAMA and ICMBio) (Chico Mendes Extraction Reserve) - judgment

Filing Year For Action

On October 28, 2022, the Institute of Amazonian Studies (Instituto de Estudos Amazônicos (IEA)) filed a Public Civil Action (class action) against the Federal Union and Federal Environmental Agencies (Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA) and Chico Mendes Institute for Biodiversity Conservation (ICMBio)). It states that deforestation causes irreparable damage to the Amazon Rainforest and affects the rights and way of life of the traditional extractivist community, which is based on the sustainable exploitation of natural resources. The action emphasizes that the Chico Mendes Extraction Reserve (RESEx) is an instrument of social justice and a vehicle for forest protection. It claims that the advance of deforestation has occurred due to the weakening of public policies, land invasion, road construction, density of access roads, and fires in the region, among other reasons. According to the plaintiff, beginning in 2019, there has been a drastic increase in deforestation. The RESEx Utilization Plan states that deforestation in areas with rubber plantations cannot exceed 10% of the area, and the action claims that this limit has been exceeded in approximately half of those areas. The IEA emphasizes that RESEx has a strategic role in providing environmental services to the inhabitants of the Acre River basin due to the supply of water. It also highlights the deforestation reduction targets for the Legal Amazon region in the Amazon Deforestation Prevention and Control Plan (PPCDAm) foreseen in Federal Law 12.187/2009 (National Policy on Climate Change (PNMC)), which, according to the IEA, are not being met. It points out that, as the Federal Union, IBAMA and ICMBio are not fulfilling their duty of management and control and are contributing to the damage to the RESEx and the community. It emphasizes the vital role of the forest in the carbon cycle and that approximately three million tons of carbon were released into the atmosphere due to illegal deforestation in the RESEx. The IEA argues that there is a need for full environmental reparation in addition to the obligation to restore the forest and argues that future studies should be done to calculate the compensation for associated damages, such as climate damage. It emphasizes the vulnerable situation of the community, which justifies the payment of compensation for collective moral damage. It also argues that there is a need to prepare a Forest Restoration and Deforestation Control Plan for the region. Finally, among the other claims, the author requests: (i) payment of compensation for the material damage caused to the environment in the amount of at least R$ 183,817,104.00; (ii) payment of compensation for collective moral damage in the minimum amount of R$ 100,000,000.00; and (iii) immediate forest restoration of the entire area deforested above the established limit, to be carried out according to a Forest Restoration and Deforestation Control Plan. The case is still pending but a favourable opinion was issued by the MPF. 

In October 2023, the defendants filed defenses in which they claimed that the projects and the licensing process were in order and that the contested administrative acts were legal.

On April 10th 2025 a ruling was issued in which the judge accepted the preliminary objections of lack of standing raised by the Federal Government, IBAMA, and ICMBio, and consequently dismissed the case without prejudice. The judge highlighted that the management of the Chico Mendes Extractive Reserve is the responsibility of ICMBio, that the defendants demonstrated adequate oversight actions, and that there was no state omission. The decision stated that civil liability cannot be converted into a mechanism for the indiscriminate transfer of financial burdens from the offending individual to the State.

An appeal was filed by the IEA, in which it requests the complete reversal of the judgment to recognize the passive legitimacy of the defendants and the objective and joint responsibility of the public entities for the omission in the environmental and climatic protection of the Chico Mendes Extractive Reserve.

Institute of Amazonian Studies v. Federal Union and Federal Environmental Agencies (IBAMA and ICMBio) (Chico Mendes Extraction Reserve)

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Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

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A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Households employing domestic workers, for activities like cooking, cleaning and subsistence farming, for their own use.

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This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

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A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

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Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

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People who are less able to respond to the effects of climate change due to having limited financial or physical assets

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Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Dedicated pool of financial resources for climate-related projects.

This sector provides communication services, software development, and IT solutions.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

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This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

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Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

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Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Institute of Amazonian Studies v. Federal Union and Federal Environmental Agencies (IBAMA and ICMBio) (Chico Mendes Extraction Reserve) - petition

Target

Policy instrument

Risk

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Just transition

Greenhouse gas

Economic sector

Adaptation/resilience

Finance