The Public Prosecutor’s Office of the State of Mato Grosso filed a Public Civil Action seeking the condemnation of a rural producer from Alta Floresta for environmental damage. In the defense of the case, conducted by Lassori Advogados, it was shown that the property complied with its duty to recover the damaged area. In summary, the claim dealt with the liability of the owner of the rural area for environmental damage. More specifically, with regard to their condemnation to compensation for collective moral damages, in the updated amount of R$ 150,000.00 (one hundred and fifty thousand reais).
Collective moral damages – understand the case
In August 2008, the occurrence of degradation of a Permanent Preservation Area (APP) was identified on a rural property, at the time without a Single Environmental License (LAU). Such degradation motivated the filing of the Public Civil Action by the Public Prosecutor’s Office of the State of Mato Grosso.
Throughout the judicial proceeding, it was proven that the rural producer proceeded with the recovery of the degraded APP. Including by means of documents of compliance with the Degraded Areas Recovery Plan (PRAD) and the Conduct Adjustment Agreement (TAC), with reports from the State Department of the Environment (SEMA) and a Technical Report by a Forestry Engineer attesting to the recovery of the area. Likewise, the application protocol for obtaining the LAU was demonstrated.
However, in the judgment, the liability of the rural producer for the commission of an unlawful environmental act was declared and, consequently, the condemnation to the payment of compensation for collective moral damages in the updated amount of R$ 150,000.00 (one hundred and fifty thousand reais).
However, the Court of Justice of the State of Mato Grosso understood that there were no requirements to authorize granting the Public Prosecutor’s Office’s claim for condemnation to compensation for collective moral damages.
Decision
In the decision, the Reporting Appellate Judge emphasized that one cannot ignore the prompt availability and the conduct of the party responsible for the environmental degradation who, in accordance with all the documentation brought into the proceeding, carried out the reparation of the damage caused to the APP, with a view to its full recovery and the absence of significant impact on the community.
Furthermore, it was recorded in the decision that, “on the subject of collective moral damages, in environmental matters, one cannot allow the mere consent to an unlawful act to be capable of giving rise to its configuration, under penalty not only of trivializing the institute, but also of distorting its purposes”.
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