Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Chiaradia v. IBAMA – Environmental Federal Agency

Country/Territory
Brazil
Type of court
National - higher court
Date
Sep 29, 2010
Source
UNEP, InforMEA
Court name
Tribunal Federal
Reference number
No 0000541-97.2009.404.7007/PR
Language
Portuguese (Brazil)
Subject
Air & atmosphere
Abstract

The demandant sought judicial review of the decision that declared the validity of the penalty and the lack of rights to compensation due to the obligation to reforest 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.

Source:
Climate Change Laws of the World database, Grantham Research Institute on Climate Change and the Environment and Sabin Center for Climate Change Law. Available at: http://www.lse.ac.uk/GranthamInstitute/Legislation/

Full text
inteiro-teor-17306015
Website
trf-4.jusbrasil.com.br