STF decides that execution for environmental crime is imprescriptible

The majority of the ministers of the Supreme Federal Court considered "the enforcement claim to be imprescriptible and the intervening prescription in the execution of repair of environmental damage to be inapplicable, even if subsequently converted into compensation for losses and damages”.

The trial of Extraordinary Appeal (ARE) 1352872, reported by Minister Cristiano Zanin, ends at 23:59 p.m. today (28/3). Seven ministers have already agreed with the thesis proposed by the rapporteur.

The case under discussion involves the possible possibility of prescription of a judicial executive title resulting from a criminal conviction that establishes the obligation to repair environmental damage subsequently converted into compensation for losses and damages.

The STF has long considered environmental reparations to be imprescriptible, despite there being no legal provision providing for this path. This is a case law construction.

In Extraordinary Appeal (RE) 654833, the ministers decided that "although the constitution and ordinary laws do not provide for the prescriptive term for the repair of environmental civil damages, with the rule being the stipulation of a term for compensation claims, the constitutional protection of certain values ​​requires the recognition of imprescriptible claims".

The case of ARE 1352872, however, was not contained in the above provision. This is because the duty of reparation had been converted into a pecuniary obligation. And this obligation was not fulfilled within the legal term.

Among other grounds for resolving the issue, the ministers based their decision on a statement created by the STF on December 13, 1963: "execution is subject to the same limitation period as the action". Consequently, the ministers understood that if the action is imprescriptible, so is the execution.

Until the final deadline for the trial, a minister may request that the case be analyzed in a "physical plenary session". The issue could be discussed again. But it seems unlikely that this will happen.

UPDATE ON 29/03/2025: the trial was concluded. All ministers agreed with the rapporteur's vote.