SP Brazil
In 2010, the Public Prosecutor's Office of the State of São Paulo (MPSP) filed a Public Civil Action against KLM – a Dutch airline – alleging environmental damage resulting from greenhouse gas (GHG) emissions generated by its aircraft landing and takeoff operations at São Paulo/Guarulhos International Airport. The MPSP's primary request was that the company be ordered to reforest an area sufficient to fully absorb its emissions, or, alternatively, to pay compensation for the environmental damage caused.
In its response, KLM maintained that multiple identical lawsuits had been filed by the MPSP against various airlines, argued that it lacked standing to be sued, and asserted that it operates in accordance with the authorizations issued by the National Civil Aviation Agency (ANAC). It further argued that the request was legally inadmissible, given that there was no illicit activity.
The lower court held that the company was acting under federal authorization to operate air routes and that emissions inherent to air transport were covered by said authorization, thus constituting no illegal act. The request was deemed inadmissible.
The MPSP appealed to the São Paulo Court of Justice (TJSP), which rejected the preliminary proceedings and, after ANAC requested to intervene in the process, ordered the case to be referred to the Federal Court. The case was then processed before the Federal Regional Court of the 3rd Region (TRF-3), under Civil Appeal No. 0046991-68.2012.4.03.9999.
The TRF-3 confirmed the inadmissibility, noting that environmental permits already existed for Guarulhos Airport and that KLM's activities were regulated and authorized by ANAC, including aspects related to emissions and aeronautical noise. The court also determined that the MPSP was attempting to impose obligations not provided for by sector regulations and that it had not been proven that the company exceeded the emission limits inherent to air travel.
In response to this decision, the MPSP filed a Special Appeal (RESp 1.856.031/SP) with the Superior Court of Justice (STJ). In a unilateral decision, the STJ upheld the TRF-3's interpretation, affirming the absence of any illegal act and recognizing the specific regulations governing the sector by the ANAC. Following the dismissal of the appeal, the case was definitively closed.
This case is part of a series of similar actions proposed by the MPSP against more than 30 airlines that operated in Guarulhos.
In the lawsuit, the Public Prosecutor's Office of the State of São Paulo (MPSP) argued that KLM's flight operations at São Paulo/Guarulhos International Airport significantly contributed to greenhouse gas (GHG) emissions, particularly carbon dioxide (CO₂), as well as other greenhouse gas-related air pollutants—nitrogen oxides, sulfur oxides, hydrocarbons, carbon monoxide, and water vapor. According to studies cited in the civil investigation, these compounds are a significant part of the global warming process and the climate changes observed on a planetary scale. The MPSP argued that these emissions were quantifiable and demonstrated the direct contribution of air transport to climate change, especially during takeoff and landing, when fuel consumption and GHG emissions are highest.
Furthermore, the MPSP highlighted reports from international organizations such as the International Civil Aviation Organization (ICAO) and the Intergovernmental Panel on Climate Change (IPCC), which warned of the rapid growth of emissions from the aviation sector and the urgent need for airlines to adopt mitigation measures. It argued that, in the absence of carbon sequestration policies on a comparable scale, the accumulation of greenhouse gases exacerbated the greenhouse effect and, consequently, climate change. It also maintained that, even though the activity was legal, the sector should be held objectively liable for environmental damages, in accordance with Article 14, Section 1, of Law 6.938/81.
In contrast, the courts—both the TJSP and the TRF-3, and subsequently the STJ—held that the climate-related arguments did not constitute an environmental offense. The judges stated that the emissions stemmed from an activity authorized and regulated by the ANAC, included within the airport's own environmental license. They also emphasized that the MPSP neither alleged nor demonstrated that the company emitted pollutants above the levels inherent and necessary to aeronautical activity. According to the courts, the demand for forest compensation amounted to creating an environmental regulation not provided for in current legislation. Finally, they highlighted that sector-specific regulations already include policies for managing aviation emissions, which would prevent the Judiciary from substituting the regulatory body in defining additional climate obligations.
- Public Prosecutor's Office of the State of São Paulo
- Municipality of Guarulhos
- Empresa KLM Royal Dutch Airlines
The territory involved in this action corresponds to the Municipality of Guarulhos, in the state of São Paulo, where the São Paulo/Guarulhos – André Franco Montoro International Airport is located, in the Cumbica neighborhood. This is one of the most densely populated urban areas in the state and forms part of the São Paulo metropolitan area, characterized by intense economic, industrial, and logistical activity, as well as by the presence of residential communities with diverse socioeconomic profiles.
The airport is a strategic hub for national and international air transport, with a high volume of takeoffs and landings, generating atmospheric emissions that directly impact local air quality. The surrounding communities—nearby residential neighborhoods, peri-urban areas, and airport-related workplaces—live daily with aircraft noise, high concentrations of air pollutants, and the indirect effects of air traffic.
According to the preliminary research cited in the lawsuit, these communities are exposed to environmental impacts stemming from the emission of carbon dioxide and other greenhouse gases, the increase of which contributes to global warming and locally affects health, well-being, and quality of life. Furthermore, the report mentions risks associated with extreme weather events and alterations in rainfall patterns, which impact urban infrastructure and public services.
In this context, the action sought to protect both the environmental balance of the Guarulhos territory and the health and quality of life of its population, especially those residing in the areas near the airport.
National laws
- Federal Constitution
- Law 11.182/2005, which creates the ANAC, attributing to it the power to regulate, authorize and supervise air services, including emissions of pollutants and aeronautical noise
- Law 6.938/1981 – National Environmental Policy
- Law 7.347/1985 – Public Civil Action Law
- Law 12.187/2009 – National Policy on Climate Change
This record was created using publicly available information. If you have information about this case or would like to suggest updates or corrections, please click here .