Joinville Brazil
The Public Prosecutor's Office of Joinville promoted a public civil action against the corporation H. Carlos Schneider S/A Commerce and Industry and Others, for filling and draining a mangrove forest on an urban property, despite the fact that the environmental agencies Brazilian Institute of Forest Development (IBDF) and Santa Catarina Environment Institute (FATMA) issued negative technical notices to carry out works on said property.
The lawsuit sought compensation for the damage caused and the environmental restoration of the area. The trial court ordered the private parties to remove the landfill and the buildings constructed in the mangrove forest and to reforest the area. The companies filed an appeal against the ruling, which was upheld by both the Federal Regional Court of the Fourth Region and the Superior Court of Justice, thus rendering the case res judicata.
In its ruling, the Superior Court of Justice refers to the various functions of mangroves: a) Ecological: a place where the sea enters and where many species reproduce; a biological filter that captures nutrients, sediments, and even pollutants; a buffer zone against storms; and a barrier that prevents coastal erosion. b) Economic: a source of food and support for traditional activities, such as artisanal fishing. c) Social: a fundamental environment for populations whose survival depends on the harvesting of crustaceans, mollusks, and fish.
Furthermore, it indicates that Brazilian legislation grants mangroves the status of Permanent Preservation Area, and in that sense the Court points out that it is the duty of all, whether owners or not, to guarantee the protection of mangroves, an ever-increasing need due to climate change and rising sea levels.
- Federal Public Prosecutor's Office of Joinville.
- Carlos Schneider (S/A Commerce and Industry).
- Others.
Joinville is the most populous city in the state of Santa Catarina. It is located in the central part of the southern region of the country and enjoys a temperate climate. The economy of the people who live in Santa Catarina is based on industry, mining, and fishing.
Standards
- Constitutional of the Federative Republic of Brazil.
- Law 6.938/81, National Environmental Policy .
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