SP Brazil
The Public Prosecutor's Office of the State of São Paulo filed a civil lawsuit against sugarcane producers to prohibit the burning technique used in sugarcane harvesting. The lawsuit seeks to order the defendants to pay damages.
The São Paulo Court of Justice ruled in favor of the São Paulo State Public Prosecutor's Office. The Superior Court of Justice upheld the ruling, citing Article 27 of the then-current Brazilian Forest Code, which deems the use of burning in sugarcane harvesting illegal due to its negative environmental impacts. These impacts include contributing to global warming through CO2 emissions that cause respiratory problems in people, especially field workers.
The ruling stated that burning causes significant environmental damage and that there are modern tools and technologies that can replace the burning technique without leading to economic unviability.
Sugarcane production is frequently associated with environmental impacts such as soil degradation, contamination of springs, pollution of urban centers, and high atmospheric emissions from post-harvest burning. During burning season, it is common for cities, houses, and buildings to be covered in ash and particles carried by air currents.
The ruling stated that, throughout its 12- to 18-month growth period, sugarcane absorbs large quantities of CO2, which are released almost instantly, within approximately 30 to 60 minutes, when burned. In other words, all the CO2 absorbed from the atmosphere over 12 to 18 months is released in an hour or less. In addition to CO2, polycyclic aromatic hydrocarbons (PAHs), a highly carcinogenic component, are also released. Burning sugarcane also has a significant impact on wildlife. Many wild animals find shelter and food in the sugarcane fields, forming an ecological niche there. When the burning begins, few manage to escape.
The Superior Court of Justice ruled in favor of the Public Prosecutor of the State of São Paulo, using Article 27 of the former Brazilian Forest Code, which considers the use of the burning technique in the sugarcane harvest illegal, due to the negative impacts on the environment.
- Public Prosecutor's Office of the State of São Paulo.
- Filipe Salles Oliveira,
- Others.
In the State of São Paulo, 2.5 million hectares of sugarcane are burned annually, representing 10% of the State's territory.
Standards
- Law 4.771/1965. Forestry Code (Revoked by Law No. 12.651/2012).
- Decree 2.661 / 98. Regulates the sole paragraph of art. 27 of the Forestry Code.
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