Number of convictions increases, but challenges in effectively punishing crises persist, survey finds
01/31/2025
A study recently released by the Amazon Institute of Man and Environment (Imazon) reveals that only 5% of convictions for illegal deforestation in the Amazon result in compensation payments. Furthermore, the processes have not guaranteed that the fines collected are used for the restoration of the biome.
Upon reviewing 3,551 public interest civil actions (ACPs) filed by Federal Prosecution Service (MPF) between 2017 and 2020 due to illegal deforestation in the Amazon, Imazon found that the number of convictions has increased, but effectively punishing environmental crimes remains challenging.
According to the research, out of 640 judgments upheld after appeals and 55 consent decrees (TACs) established, which determined compensation of R$252 million, only 37, or 5%, had their compensation paid.
Imazon reported that the debts paid amount to R$652,300, covering three judgments and 34 agreements. Considering cases in the payment phase, with bank account freezes of the defendants or installment payments, the percentage increases to only 8%.
The study further indicates a tendency among judges to reduce the amounts requested by the Federal Prosecution Service. In cases where initial and final values were available, there was a 34% reduction in compensations for material damages—averaging from R$11,304 to R$7,515 per hectare deforested—and a 59% reduction for collective moral damages—from R$5,616 to R$2,280 per hectare deforested.
“Making criminals pay for illegal deforestation in the Amazon and repairing the damage is one of the main challenges for environmental justice,” Imazon lamented in a statement.
On the other hand, the institute considers it a positive finding that convictions have increased since 2017, following the launch of the Amazon Protect Program, a project by the MPF to combat illegal deforestation in the region. Nevertheless, the data still show that convictions are a minority among all such cases.
By December 2023, out of 3,500 actions, approximately 2,000, or 57% of the total, had received a judgment, with 695 cases resulting in some form of accountability. These included 640 cases judged to be procedurally valid and 55 consent decrees, which are commitments by those responsible for illegal deforestation to undertake remedial actions.
This analysis indicated an increase in accountability, as another Imazon survey found that, of the 3,500 cases analyzed, only 650 (18%) had judgments by October 2020, with 51 being procedurally valid.
“That is, the convictions accounted for 1% of total actions and 8% of the judgments. Most decisions holding deforesters accountable [449 cases] occurred after October 2020, especially in 2023, when there were 241 valid judgments,” the Imazon report explained, emphasizing that both the Federal Regional Court of the 1st Region (TRF1) and the Superior Court of Justice (STJ) have been more favorable to the accountability requests of the MPF.
“It is positive to see the increase in procedurally valid cases for holding deforesters accountable and that the courts have upheld a favorable understanding of convictions in these cases that use evidence obtained remotely, such as satellite images and database use. The challenge now is to achieve effective payment of compensations and the recovery of deforested areas,” said Imazon researcher Brenda Brito.
However, the study also shows that 66% of the judgments were unfavorable to the preservation of the biome even after appeals. By December 2023, 860, or 42% of the cases, had been dismissed—indicating the courts determined there was no evidence for action. Additionally, 268 actions, or 13%, were deemed unfounded—meaning all MPF requests were denied. Furthermore, 137 (7% of the total) were declined by the state judiciary. Another 68 actions, representing 3% of the total, were annulled, meaning they became invalidated decisions awaiting new judgments.
According to Imazon, the predominance of case dismissals occurred mainly until 2020 and was due to actions with uncertain defendants. In these cases, the MPF filed actions due to illegal deforestation even when the defendant could not be identified, enabling the courts to enjoin the area from any economic use, which can combat land grabbing. However, in October 2020, the STJ adopted a favorable stance on continuing actions against uncertain defendants, leading to an increase in procedurally valid cases of this type after appeal judgments.
*By Rafael Vazquez — São Paulo
Source: Valor International