Supreme Court recognizes the non-applicability of the Statute of Limitations for civil liability related to environmental damage
The Supreme Court (STF) concluded, last Friday, April 17, 2020, the judgment of Extraordinary Appeal nº 654.833, with general repercussion, establishing the non-applicability of the Statute of Limitations regarding civil liability related to environmental damages.
With this trial, STF confirmed the predominantly understanding already adopted by the Superior Court of Justice (STJ) that Statute of Limitations provisions do not apply to civil liability for environmental damage under Brazilian Constitution.
Extraordinary Appeal nº 654.833, object of the trial, sought to dispel the thesis of the imprescriptibility of environmental damage caused by loggers resulting from illegal exploitation between 1981 and 1987 in the Ashaninka-Kampa indigenous land in the State of Acre, Northern region. In 2018, the Court had already recognized the general repercussion of the case.
Since the ruling has general repercussion, it is expected that it will standardize the national Case Law, following the legal thesis adopted by the STF, as determined by the Brazilian Civil Procedure Code.
For further clarification, please contact our Environmental Team.