CNJ publishes new “Protocol for Judging Environmental Lawsuits” with parameters for measuring impacts resulting from climate damage
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Under the CNJ’s Resolution No. 433/2021, which established the National Policy of the Judiciary for the Environment, it was established that, when sentencing for environmental damages, the magistrate must consider, among other parameters, the impacts of said damages on global climate change.
In this sense, on October 9th, 2024, Recommendation No. 156/2024 was published which, through a new “Protocol for Judging Environmental Lawsuits”, brought in parameters for measuring the impact of damages on climate change in cases of damages to the flora caused by deforestation and forest fires, with the aim of guiding and assisting courts, magistrates and civil servants who work in judicial environmental claims.
The methodology recommended by the CNJ was proposed by the Association of Members of the Public Prosecutor’s Office (Abrampa), which makes it possible to calculate emissions from deforestation and fires in Brazilian biomes, as well as assigning a value to these emissions, per unit of measurement (measured by tons of carbon dioxide).
The methodology includes:
- Identification of the extent of the deforested or burned area, in hectares;
- The estimate of the average carbon stock in that area or biome, per hectare;
- The multiplication between items (1) and (2), to measure the amount of carbon emitted caused by the actions;
- The conversion of this carbon stock into tons of carbon dioxide equivalent (eCO2), being the unit of measurement used worldwide to assess greenhouse gas emissions;
- Pricing the equivalent ton of carbon dioxide;
- The multiplication between items (4) and (5), to arrive at a final value.
In addition, to provide technical assistance in defining the calculation variables, the CNJ recommends the use of:
- Satellite images to calculate the extent of the deforested area, as provided for in the First Scope of the “Protocol for Judging Environmental Actions” (Annex I of Recommendation No. 145/2023);
- Average carbon emissions estimates provided by the Carbon Calculator of the Amazon Environmental Research Institute – IPAM;
- Multiplying the total carbon stock emitted by the conversion factor (equal to 3.67*) to identify the total stock of carbon dioxide equivalent emitted; and
- Pricing of the ton of carbon dioxide equivalent, which cannot be lower than the value established for Amazon Fund contracts – which currently corresponds to US$ 5.00 per tCO2e.
Recommendation No. 156/2024 is already in force and can be used by courts, judges and civil servants in specific cases.
Our Environment, Climate Change and Sustainability team is at your disposal should you or your company have any doubts and/or questions about the new provisions.
