Federal Public Prosecutor’s Office v. M.G. Ribeiro et al

Reference :

5000697-54.2017.4.03.6002

Complaint date :

January 12, 2018

Status :

Provisional judgment

Place of jurisdiction :

Brazil, Dourados, Mato Grosso do Sul

Plaintiffs types :

Justice

Plaintiffs names :

Ministério Público Federal

Defendants :

Mauricio Gruenwaldt, Francesco Nathan Da Fonseca Caneppele, C. Vale Cooperativa Agroindustrial

Lawyers for Health and Environmental Justice :

No description

Case nature :

Civil court

Type(s), Product(s), Active substance(s) :

Fungicide, Nativo, Tebuconazole, Trifloxystrobin

Requests :

Reparation of damages due to the alleged practice of environmental crime, i.e., R$50,000.00 to be paid to health and education programs for the benefit of the Teyjusu indigenous community of Caarapó/MS and R$170,000.00 for all the procedures claimed, which are, the biannual monitoring of the health of all members of the indigenous community, as well as the monthly monitoring of the quality of the soil and water used by the community for a period of 10 years.

Name of the Court :

1st Federal Court of Dourados, Mato Grosso do Sul, Brazil

Jurisdiction level :

Decision date :

December 12, 2019

Decision nature :

Partially Positive

Decision content :

The rural owner, the pilot of the airplane and the contracting company are ordered to jointly and severally pay R$ 150,000 to the community as collective moral prejudice.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The Guarani Kaiowá community of Tey'i Jusu was aerially sprayed with the fungicide Nativo directly on their homes on 11 April 2015, causing headaches, sore throats, diarrhoea and fevers in both children and adults. As a result of the intervention of the Federal Public Prosecutor's Office, the Dourados Court condemned the rural owner, the pilot of the airplane and the contracting company to jointly pay R$ 150,000 to the community as collective moral damages on December 12, 2019. Plaintiffs have appealed and the payment has not been realized yet (on 5/5/2021).

Scientific references :

No scientifice reference for this case.