Accountability Deficits in Brazil’s Amazon: Deforestation Fines Paid by Just 5% of Offenders
A report reveals that only 5% of deforesters in Brazil’s Amazon paid fines, despite convictions totaling 252 million reais. Issues with enforcement, judicial inconsistencies, and challenges in identifying defendants hinder accountability. A new protocol from Brazil’s National Justice Council aims to improve fine calculations in environmental cases.
A recent report highlights that merely 5% of deforesters in Brazil’s Amazon have complied with court-mandated fines. Researchers associated with Imazon examined over 3,500 lawsuits from Brazil’s Federal Public Prosecutor’s Office between 2017 and 2020, revealing that more than 265,000 hectares of rainforest were felled in that time frame. The findings emphasize significant gaps in accountability for environmental destruction.
Among the lawsuits with verdicts, 640 led to convictions, imposing a total environmental compensation of 252 million reais (approximately $43.4 million). However, by December 2023, only a mere 652,300 reais ($112,000) had been collected, accounting for a stark 0.2% of the total fines due. The initial damages from the illegal deforestation were estimated at 4.6 billion reais (~$792 million).
Issues of enforcement are prevalent; many cases were dismissed due to challenges in identifying defendants or the rejection of satellite imagery as admissible evidence by lower courts. Prosecutors filed numerous actions against “unknown defendants” to restrict access to deforested areas, yet these cases face eventual dismissal without identified parties.
Disparities in judicial decisions were noted, with some judges reducing damage claims by up to 90%, or dismissing fines completely, citing that imposed fines could constitute a “double punishment” if restoration orders were also in place. Suely Araújo from the Climate Observatory stressed the significance of legal reparations in holding major offenders accountable.
In an effort to standardize and improve enforcement, Brazil’s National Justice Council introduced a protocol in October 2024 to aid courts in determining fines for environmental infringements. If effectively implemented, these guidelines may yield more consistent rulings and improved accountability for environmental damages.
The findings from Imazon’s report indicate an alarming trend in the Brazilian Amazon where a vast majority of deforesters evade financial accountability for their illegal actions. Despite some convictions resulting in fines, the recovery appears grossly insufficient. Inconsistencies in judicial rulings and the challenges within the enforcement mechanisms present significant hurdles. Therefore, the recent guidelines provided by Brazil’s National Justice Council may represent a crucial step towards establishing greater responsibility and aiding environmental justice efforts in the region.
Original Source: news.mongabay.com
