The Amazon rainforest is critical to global climate stability, serving as a major carbon sink. However, both legal and illegal activities pose significant threats to its survival, with studies indicating that half of the Amazon could reach an irreversible tipping point by 2050.
Brazil's attorney general's office, representing the Brazilian Institute of Environment and Renewable Natural Resources (Ibama), argued that Kruger’s actions had twofold impacts on the climate: the direct emission of greenhouse gases from burning vegetation and the loss of carbon sequestration capacity due to deforestation. The court estimated the damage at 901,600 tonnes of carbon emissions, valuing the harm at $65 per tonne—a conservative figure compared to recent estimates of the social cost of carbon.
Consequently, Kruger’s assets were frozen, and he is prohibited from receiving government funds, selling cattle, and purchasing agricultural machinery. Additionally, Kruger must undertake restoration efforts to rehabilitate the deforested land, reinstating its role as a carbon sink.
Mariana Cirne of the National Prosecutor’s Office for the Defence of Climate and the Environment highlighted the case's significance as a milestone for climate justice. She emphasized that holding individuals accountable for illegal emissions is essential for Brazil to meet its national emission targets and mitigate climate change impacts, particularly on vulnerable populations.
The court's decision, although subject to appeal, sets a precedent for future climate litigation in Brazil. The attorney general’s office has indicated that this case is the first of many aimed at holding perpetrators of environmental crimes accountable. Legal actions are also extending beyond individuals, targeting companies involved in the trade of illegally sourced wood.
Federal judge Rafaela Santos Martins da Rosa noted that Brazilian courts are increasingly acknowledging the cumulative impact of greenhouse gas emissions and deforestation. By assigning substantial monetary penalties to environmental damage, these rulings aim to deter future illegal activities and reinforce the importance of climate considerations in legal judgments.
Earlier this year, Brazil's Supreme Court mandated the reinstatement of a plan to combat Amazon deforestation, reflecting the government's renewed commitment to environmental protection under President Luiz Inácio Lula da Silva. The court acknowledged ongoing policy updates but stressed the urgency for more robust actions to preserve the Amazon and prevent further ecological harm.