Environmental disputes in Brazil always pose a significant challenge for companies facing legal battles with the community. In this article, we will illustrate a case where the accused company achieved victory in a legal dispute thanks to an approach 100% focused on data intelligence by the NewFields Brasil technical team. The company's name and case details will be withheld due to confidentiality.
Background
In 2015, a public civil action was filed against a port in Rio de Janeiro, aiming to suspend its operating license and seek compensation for individual and collective moral damages. The allegations claimed that residents in the surrounding areas were suffering health problems due to air quality issues and noise pollution stemming from the port's activities.
NewFields Brasil's Data Intelligence-Focused Approach
When contracted by the accused party, NewFields Brasil adopted an approach 100% focused on data and accurate indicator measurement. To achieve this, they conducted an extensive historical analysis of air quality, confirming that the organization was within recommended parameters, thereby disproving the alleged risk to the community. The team also took a highly pragmatic approach to assessing noise levels, conducting measurements precisely in the nearest residential village, and confirming that there was no excessive noise for that population. The results showed that air quality was within the parameters established by CONAMA Resolution 491 (2018), and noise tests in the community complied with current legislation, following the recommendations of NBR 10.151. Based on this data, all information was technically aligned with the expert team involved in the case and presented clearly and didactically to the parties involved.
The Outcome: Victory in First and Second Instances
This approach, 100% focused on data and accurate indicator measurement, provided sufficient credibility and clarity for the accusations to be deemed unfounded. As a result, the port achieved victory in the legal dispute, both in the first and second instances. This achievement is particularly significant considering that in Brazil, in cases of legal disputes between a company and a community, the burden of proof lies with the accused party. However, NewFields Brasil believes that with Environmental Intelligence tools, it is possible to obtain precise and transparent information that promotes decision-making based on factual truth. To learn more about NewFields Brasil's expert witness and judicial technical assistance services, contact our team.
