A report reveals that only 5% of those convicted of illegal deforestation in Brazil’s Amazon have paid their fines. The Imazon study found that from 2017 to 2020, over 265,000 hectares were claimed destroyed, yet vast amounts remain unpaid. Inconsistencies in rulings and dismissals hinder enforcement, though new protocols may improve judicial processes moving forward.
A recent report highlights alarming statistics regarding deforestation in Brazil’s Amazon, revealing that only 5% of individuals found guilty of illegal logging have paid court-ordered fines. Conducted by Imazon, a Brazilian environmental research non-profit, the study scrutinized over 3,500 lawsuits from Brazil’s Federal Public Prosecutor’s Office during the period from 2017 to 2020, alleging destruction of approximately 265,000 hectares of rainforest—equivalent to three times the size of New York City.
Out of the lawsuits that reached a conclusion, 640 offenders were convicted, and the courts mandated payments totaling 252 million reais (approximately $43.4 million) in damages. However, by December 2023, only 37 of these convicted offenders had contributed a mere 652,300 reais ($112,000) towards their fines, amounting to a mere 0.2% of the total damages assessed at 4.6 billion reais ($792 million). In addition, a further 560,000 reais ($96,400) is to be paid in installments.
Many cases were dismissed due to either the inability to locate defendants or the rejection of satellite imagery as admissible evidence in lower courts, although higher courts recognize its validity. The prosecution also initiated lawsuits against “unknown defendants” to restrict access to deforested regions and seize deforestation equipment. However, cases are ultimately dismissed if no culpable individuals are identified.
The study indicated a significant disparity in compensation rulings among judges, with some reducing payments by up to 90% or even completely dismissing fines. Certain judges contended that imposing fines constituted a “double punishment” for offenders already mandated to restore deforested land. Suely Araújo from the Climate Observatory emphasized that legal reparations are crucial for holding significant deforesters accountable while noting the ongoing challenges facing the system.
In October 2024, Brazil’s National Justice Council introduced a protocol to standardize the calculation of fines in environmental cases, including those addressing greenhouse gas emissions. Should these guidelines be adopted widely, they could lead to more consistent rulings and enhanced enforcement, as emphasized in the report. Araújo reiterated the necessity of ensuring accurate calculations of climate damage in judicial findings.
The pervasive issue of deforestation in Brazil’s Amazon is underscored by the shockingly low compliance with imposed fines. While judicial measures exist, the enforcement remains weak, with many offenders escaping financial accountability. Recent efforts by the National Justice Council could potentially standardize and improve legal actions against deforestation. Addressing these challenges is paramount to fostering environmental justice in Brazil.
Original Source: news.mongabay.com
