Writing AM POST *
In public civil lawsuit filed in federal courts in the Amazon, the Federal Public Ministry (MPF) asked the condemnation of Bovinorte refrigerator to pay, no minimum, R$ 1.950.000 as compensation for environmental and social collective moral damage for the sale of beef products from areas of open grassland through illegal deforestation. in action, MPF also asks that the refrigerator is forbidden to slaughter or sell cattle with illegal origin, under penalty of a fine of R $ 5 thousand per animal, and be required to submit, in the marketing of all beef products, information about the origin of the product.
Since 2009, MPF acts to regularize the supply chain of livestock in the Amazon through the meat Cool program. Since 2013, the agency has signed terms of conduct adjustment (TAC) with the largest slaughterhouses in the region, not to commercialize, or receiving slaughter cattle farms where occurred illegal logging of new areas from 22 July 2008, except where the producer to submit the authorization document from the state environmental agency.
The Bovinorte fridge did not join the proposed agreement, refusing to adapt its supply chain as envisaged in the TAC and, even notified several times to provide updated list of suppliers of the property and state what measures adopted to prevent and conference of the legal origin of the products you buy, He showed no response.
In the civil action referred to court, MPF presents facts found in administrative procedure for monitoring showing that the refrigerator has contributed to the deforestation of the Amazon and to the degradation of the environment in general, selling products from cattle farms where crimes were committed environmental. only in 2017, Bovinorte the refrigerator acquired 195 properties of cattle illegally deforested new areas, embargoed by the Forest Code.
In addition to legal arguments that support the action, as the principle of sustainable development and the principle of prevention and precaution, the agency points out the duty to preserve the most appropriate manner possible the Amazon forest, constitutionally, It is defined as national heritage. It highlights the importance of guided human activities, in the Amazon, by strict criteria to ensure the survival of the forest and its integrity for present and future generations. The MPF indicates that, if the economic agent does not ensure that you are not purchasing a product originating from a violation of legal rules, as is the case of Bovinorte, its activity is contributing to the devastation of the Amazon, contrary to Article 225 of the Federal Constitution.
The consumer's right to be informed about the origin of the goods it consumes has also been approached by the MPF, in action. Unaware of origin, consumers can be induced to buy meat coming from illegal logging or from farms where there is illegal logging. Respect for the right information to the user must impose the refrigerators inform the products on offer the farm where it is sourced beef, for what, like this, the consumer has the possibility to check if such a farm performs illegal logging, which will guarantee you the possibility of conscious consumption of social and environmental point of view.
Collective moral damage
The marketing of beef products for refrigerators without environmental responsibility encourages irresponsible cattle ranching, which accounts for most of the consolidated deforestation in the Amazon. "By transacting beef products from farms who deforested illegally, the refrigerator breached its duty of care and care and, with its business partnership with farmers illegal, It not only enjoyed the result of illegal logging as well as stimulated economically than other deforestation were conducted ", says MPF stretch in action.
The MPF seeks an order that the Bovinorte refrigerator to pay compensation for collective moral damages considering the environmental damage caused by the conduct of the company and the right of all people to a healthy environment. The agency points out that the repair of environmental collective moral damage is independent of criminal and administrative sanctions for which the Bovinorte fridge can also be held responsible.
To quantify the amount to be determined as due compensation, MPF asks the court to use as a reference the amount of R $ 50 per kilo of meat sold illegally, or corresponding to 10% the provisions of Decree No. 6.514/08 to embargo breach of assumptions made by environmental agencies. considering the 195 Animal uneven areas marketed by the refrigerator in 2017, the proposed minimum value for compensation is $ 1.950.000.
The lawsuit is in the 7th Federal Court in the Amazon under number 1016503-53.2019.4.01.3200.