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Maia Filho v. Environmental Federal Agency (IBAMA)

Jurisdiction: Brazil

Side A: Maia Filho (Individual)

Side B: Environmental Federal Agency (IBAMA) (Government)

Core objectives: Validity of fine imposed by Environmental Federal Agency for the burning of 600 hectares for grazing land.

The Superior Court of Justice upheld the Environmental Federal Agency's fine, issued in 1995, of the appellants for burning roughly 600 hectares of land to clear it for livestock grazing. The court concluded that the fine was valid under the National Environmental Policy Act (Law N° 6.938, 1981). One of the judges explained that this particular application of the 1981 Act's restrictions on burning for agricultural purposes was justified in part by the fact of climate change, which informs how the objectives of environmental protection established in the text and environmental norms of the Brazilian Constitution pertain.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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