Brazil's STJ rules illegal babaçu palm clearing constitutes collective environmental damage

The Superior Tribunal de Justiça (STJ) has recognized the existence of collective environmental moral damage following the illegal clearing of babaçu palm trees on a rural property in Santa Terezinha do Tocantins. The decision follows an appeal by the Ministério Público do Tocantins (MPTO) after lower courts had previously rejected claims for moral damages.

The case originated in 2017 when environmental police discovered unauthorized palm removal. While the court ordered the implementation of a Degraded Area Recovery Plan (PRAD) to be approved by Naturatins, the STJ ruled that environmental restoration does not eliminate the obligation to pay compensation. Minister Maria Thereza de Assis Moura noted that the babaçu palm receives special protection under the Tocantins Constitution due to its environmental, social, and cultural relevance.

The ruling highlights the importance of the species to traditional communities, particularly the 'quebradeiras de coco' (coconut breakers). These women rely on babaçu for income and the preservation of traditional knowledge, making the illegal destruction a matter of collective social and economic impact.