Convictions for illegal deforestation grow, but only 5% result in compensation paid in the Amazon

A survey of more than 3,500 lawsuits showed an increase in punishments, while payment of compensation is slow and there is no guarantee that it will be applied to the biome.

 

Making criminals pay for the illegal deforestation of the Amazon and recover the damage is one of the main challenges for justice in the environmental area. A study by Imazon that analyzed more than 3,500 lawsuits by the Federal Public Prosecutor’s Office (MPF) showed that convictions have increased, but that only 5% of these resulted in compensation being paid. Furthermore, there is no guarantee that the fines paid will be applied in the biome.

The survey tracked the results of public civil actions (ACPs) filed by the MPF between 2017 and 2020, in the first three phases of the ‘Amazônia Protege’ Program. The lawsuits are seek accountability for illegal deforestation of the biome in the civil sphere, where it is possible to claim compensation for material and moral damages and even order forest recovery. This is one of the three forms of liability for environmental damage provided for in Brazilian legislation, in addition to the administrative and criminal spheres.

The study analyzed 3,551 lawsuits involving 265,000 hectares of deforested land and claiming more than R$4.6 billion in compensation. By December 2023, 2,028 lawsuits (57% of the total) had been sentenced, 695 of which had some form of liability. They are divided into 640 lawsuits that were upheld, considering decisions after appeals, when judges or courts accepted at least one of the MPF’s claims of liability, and 55 Conduct Adjustment Agreements (TACs), when those responsible for illegal deforestation undertook to adopt remedial measures. Taken together, convictions and TACs account for 20% of all cases and 34% of lawsuits with verdicts.

Punishments increased compared to 2020

Although convictions were not the majority of decisions, the figure represented an increase in liability. In a previous study by Imazon, out of the 3,551 cases analyzed, only 650 (18%) had judgments by October 2020 and 51 of them were upheld. In other words: convictions accounted for 1% of all lawsuits and 8% of judgments. Most of the decisions to hold deforesters liable (449 cases) took place after October 2020, especially in 2023, when there were 241 upheld judgments.

The situation has improved not only as a result of new rulings at first instance, but also as a result of appeals. According to the study, both the Circuit Court for the 1st Judicial Circuit (TRF1) and the Superior Court of Justice (STJ) have been mostly in favor of the MPF’s requests for accountability.

“It’s positive to see that there has been an increase in the number of cases in which deforesters have been held accountable and that the courts have held in favor of convictions in these cases, which use evidence obtained remotely, through satellite imagery and the use of databases. The challenge now is to obtain effective payment of compensations and the reclamation of areas that have been cleared,” says Brenda Brito, a researcher at Imazon.

Although convictions increased, the majority of judgments (66%) still had other outcomes even after appeals were heard. By December 2023, 860 (42% of the judgments) had been discharged, when the court considers that there is no evidence for a lawsuit; 268 (13%) were dismissed, when all the MPF’s requests were overruled; 137 (7%) were transferred to the state courts; and 68 (3%) were overturned, invalidated decisions awaiting new ruling.

This predominance of annulments occurred mainly until 2020 and because of lawsuits with an uncertain defendant, a legal innovation of Amazônia Protege. In these cases, the MPF files lawsuits over illegal deforestation even when it has not been possible to identify the defendant, so that the courts can seize the area and prevent any economic use of it, which can combat land grabbing. However, in October 2020, the STJ adopted an opinion favoring the continuation of lawsuits by an uncertain defendant, which has led to an increase in cases of this type being granted after appeals have been heard.

Compensation was paid in only 5% of convictions

Despite the progress in punishments, enforcement thereof is still very low. According to the survey, out of the 640 judgments upheld after appeals and the 55 TACs signed, which determined compensation of R$251.9 million, only 37 (5%) of these had the compensation paid. The debts paid amount to R$652,300 (0.5%) and refer to three court decisions and 34 agreements. Considering the cases that are in the payment phase, with the defendants’ bank accounts frozen or payment in installments, this percentage rises to 8%.

And this even after the judges had reduced the amount claimed by the MPF on average. According to the study, in the cases where it was possible to find the initial and final values, there was a 34% reduction in compensation for material damage (from R$11,304 to R$7,515 per hectare cleared) and a 59% reduction in collective moral damage (from R$5,616 to R$2,280 per hectare cleared).

“The CNJ’s 2024 Protocol for the Judgment of Environmental Lawsuits can solve this problem, as it provides a methodology for quantifying the climate damage caused by deforestation. For this reason, we recommend in the study that the CNJ disseminate this guidance and organize training sessions on it”, suggests Hannah Farias, a researcher at Imazon

Destination of compensations does not guarantee application in the Amazon

Another problem identified in the survey was the lack of guarantees that the compensation will be applied in the biome. Although the MPF requested that the amounts be allocated to environmental agencies in most of the lawsuits, public funds were the major allocation of the rulings, such as the Diffuse Rights Fund and the National Environmental Fund.

“Resolutions and recommendations from the CNJ already allow these amounts to be allocated to activities in the Amazon, which would be the ideal. For example, with transfers to public or private non-profit institutions that undertake projects to recover native vegetation or to fight wildfires. To do this, the courts and the MPF need to publish notices calling for projects to be registered and analyzed,” says Brenda.

Measures could expedite and increase convictions

 After analyzing both the arguments used by the MPF in filing the lawsuits and by judges and courts in their judgments, the survey recommends measures that could expedite and increase convictions. One of the main ones is to put an end to unfounded judgments due to the non-acceptance of satellite imagery or information from public databases as evidence, which continued even after favorable case law from the STJ. To this end, the study recommends that the CNJ intensify the dissemination of this guidance and hold training sessions in the courts that handle the most cases.

The rulings also need to improve the way in which the reclamation of cleared areas is determined and how this obligation is enforced.

“One important point is to no longer link the Degraded or Altered Area Reclamation Projects (PRADs) required in the rulings to the need to validate the Rural Environmental Registers (CARs), which in addition to delaying reclamation can favor land grabbing if illegal CARs are approved”, Brenda warns.

As for monitoring this reclamation, the survey suggests that the CNJ should organize and make available georeferenced data on the areas, so that they can be monitored via remote sensing by different organizations.

Another recommendation of the study is that TACs should be signed in separate documents from the hearing minutes, describing all the obligations, deadlines and a fine in the event of non-compliance.

“In addition, it is important that the MPF links the number of the court case to the internal procedure for monitoring the TAC on its transparency portal, so that compliance with the agreements can be monitored by civil society,” said Hannah.

In the case of lawsuits with an uncertain defendant, this survey recommends that the MPF, instead of filing several lawsuits, group several cleared areas into a single order, so that the land and environmental agencies can embargo them. Amazônia Protege is currently in its fourth phase. At this stage, the program has undergone improvements and filed around 193 lawsuits between November and December 2024.

 

Read the executive summary of the survey here (in portuguese)

Download the full study here (in portuguese)