Often, we are forced to make decisions based on fragments of information, as it's frequently impossible to access all the data needed for a 100% informed deliberation. In the case of litigated environmental issues, it is up to specialized consulting firms to conduct studies, analyses, and projections so that the judge has sufficient material to render fair judgments. To do so, a deep analysis is required, not only of environmental parameters but also historical and geographical ones. And it was in this way – by presenting data and facts that had been ignored until then – that the NewFields Brasil team changed the course of a legal process involving a landowner and an energy sector organization.
The Context
Due to a legal dispute, a landowner was compelled to demolish certain improvements he had built along the banks of an artificial lake in the Southeast region. The construction had been in place for several decades when the plaintiffs alleged that the installations encroached upon the dam's safety perimeter. The decision had already become final and unappealable, with a determination from the STJ for a demolition order to be issued. In this context, the defendant sought NewFields Brasil for analyses that could offer new perspectives on the case.
The Strategy: A 360º Analysis to Identify Blind Spots
NewFields Brasil's strategy was based on a 360º analysis to gain a deep understanding of the situation and identify relevant information that had been overlooked. The study included the following points:
- Understanding of the legal process, including licensing and the different mapped zones;
- Survey of the historical use and occupation of the surrounding area;
- On-site visit for mapping and recording the area's characteristics (biological aspects, physical environment, and others);
- Bibliographic review of the identified characteristics (fauna, vegetation, soil, water bodies).
Result: New Approaches That Paved the Way for an Agreement
In its study, the NewFields Brasil team discovered several points that had not been considered in the judgment, such as:
- The area designated for no-construction was based on an older regulation that was no longer in force and had been disregarded for other properties along the lake's banks.
- Demolishing the constructions would have a greater environmental impact than maintaining them, thus posing a threat to the surrounding area.
Based on this scenario, an environmental compensation proposal was developed, involving reforestation in an area 32 times larger than the required area, located on another section of the same lake's banks. This way, not only the landowner but also the plaintiff and the community as a whole would benefit. With all the evidence presented to the judge, the final and unappealable decision was suspended, paving the way for an agreement between the parties.
To learn more
Here at NewFields Brasil, each client's needs receive individual attention, with in-depth studies of their specific circumstances. To learn more about our services and how we work, contact our team.
