Brazil

Chiaradia v. Environmental Federal Agency (IBAMA)

Jurisdiction: Brazil


Side A: Chiaradia (Individual)


Side B: IBAMA - Environmental Federal Agency (Government)


Core objectives: Declaration of the nullity of the administrative penalty (fine), issued by the Environmental Federal Agency, and compensation for the reforestation of the permanent preservation area


Summary
The demandant sough judicial review of the decision that declared the validity of the penalty and the lack of rights to compensation due to the obligation to reforestate the permanent preservation area in his land. This area was declared an area of limited use, based on the principle of the socio-environmental role of the property. The Higher Court upheld the unlawful conduct of the demandant and the absence of right to compensation, mentioning that rural owners should seek the balance of economic activities and the conservation of natural resources, particularly in times of climate change, disappearance of species, soil degradation and depletion of water resouces.

from the Grantham Research Institute
from the Grantham Research Institute
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