Only 5% of Deforsters in Brazil’s Amazon Pay Fines, Report States

A report indicates that only 5% of deforesters in Brazil’s Amazon have paid fines. Analyzed lawsuits showed over 265,000 hectares of rainforest were destroyed from 2017 to 2020. The report stresses the challenges of enforcing penalties and highlights the need for reform in compensation processes to enhance accountability for environmental damage.

A recent report highlights that only 5% of individuals convicted for illegal deforestation in Brazil’s Amazon have paid their court-ordered fines. The analysis, conducted by the environmental nonprofit Imazon, reviewed over 3,500 lawsuits from 2017 to 2020, revealing that 265,000 hectares (655,000 acres) of rainforest were destroyed during this period. The authors emphasize the difficulty of enforcing penalties against deforestation offenders despite some progress in convictions.

Out of the lawsuits reaching verdicts, 640 resulted in guilty verdicts, with the courts mandating offenders to pay 252 million reais ($43.4 million) in compensation. However, as of December 2023, only 652,300 reais ($112,000) had been collected, representing a mere 0.2% of the total amount owed. Prosecutors estimated the environmental damage from deforestation at 4.6 billion reais ($792 million), indicating a significant enforcement gap.

Numerous lawsuits were dismissed due to untraceable defendants or judicial reluctance to accept satellite imagery as evidence, despite its validity recognized by higher courts. In an attempt to enforce regulations, prosecutors initiated 788 lawsuits against unidentified individuals primarily to limit access to deforested areas and recover machinery involved in illegal activities. However, the absence of confirmed defendants leads to eventual case dismissals.

The report also revealed inconsistencies in judicial compensation decisions, with some judges significantly reducing fines by up to 90% or dismissing them altogether, arguing that fines could constitute a “double punishment” if reforestation was mandated. Suely Araújo, from the Climate Observatory, underscored the importance of reparations through legal channels to hold major deforesters accountable amidst ongoing challenges.

In 2024, Brazil’s National Justice Council introduced a new protocol to enhance the consistency of fines in environmental cases, which could improve enforcement efficacy. Araújo remarked on the necessity of accurately assessing climate damage from deforestation in judicial outcomes, emphasizing the potential for improved accountability and enforcement practices going forward.

The report reveals a troubling trend regarding the enforcement of penalties against deforestation offenders in Brazil, with only a small fraction of fines being paid. Significant gaps exist in both judicial rulings and enforcement mechanisms, highlighting the challenges faced by environmental justice in addressing illegal deforestation. The introduction of a new protocol by Brazil’s National Justice Council could pave the way for more consistent and effective enforcement in the future.

Original Source: news.mongabay.com