A report reveals that only 5% of offenders have paid fines for illegal deforestation in Brazil’s Amazon, despite significant damage. An analysis of 3,500 lawsuits from 2017 to 2020 showed that many cases remain unresolved due to difficulties locating defendants and inconsistent judicial decisions. New protocols may improve enforcement and accountability for major deforesters.
A recent report highlights that merely 5% of individuals who have engaged in illegal deforestation within Brazil’s Amazon have paid the imposed fines. This finding arises from an analysis conducted by Imazon, an environmental research organization, which examined over 3,500 lawsuits issued by Brazil’s Federal Public Prosecutor’s Office from 2017 to 2020. The lawsuits documented the destruction of more than 265,000 hectares (655,000 acres) of rainforest, equivalent to three times the area of New York City.
Despite 640 convictions resulting in court orders for offenders to pay approximately 252 million reais ($43.4 million) in penalties, only a meager 652,300 reais ($112,000) has been collected as of December 2023. This amounts to 0.2% of the total due, with an additional sum of 560,000 reais ($96,400) to be paid in installments. Initially, prosecutors estimated the damages from illegal deforestation to be around 4.6 billion reais ($792 million).
Many cases were dismissed due to difficulties in locating defendants or issues with lower courts rejecting satellite imagery as evidence. Although such evidence is admissible in higher courts, legal challenges remain. Consequently, there have been 788 lawsuits filed against “unknown defendants” aimed at restricting access to these areas and seizing machinery used for deforestation, which may ultimately lead to case dismissals.
The report further reveals disparities in judicial compensation decisions, with some judges significantly reducing fines or dismissing them altogether, often citing that additional penalties would constitute “double punishment” if defendants are already mandated to restore the deforested areas. Suely Araújo from the Climate Observatory emphasized the necessity of ensuring accountability for major deforesters through legal reparation.
In October 2024, a new protocol was introduced by Brazil’s National Justice Council, designed to aid courts in evaluating fines for environmental violations, including those linked to greenhouse gas emissions. The guidelines hold promise for greater consistency in court rulings and improved enforcement of environmental laws.
In summary, the alarming statistics presented in the report reveal a critical gap in the enforcement of environmental penalties for deforestation in Brazil’s Amazon. With only 5% of fines paid, the challenge of holding offenders accountable remains substantial. Recent initiatives aimed at standardizing court procedures may pave the way for enhanced consistency and effectiveness in addressing illegal deforestation.
Original Source: news.mongabay.com
