A recent study by the Amazon Institute of Man and Environment (Imazon) reveals a troubling fact: just 5% of convictions for illegal deforestation in the Amazon lead to compensation payments. Even more concerning is that the money collected from fines often does not go towards restoring the forest.
Imazon examined over 3,500 civil actions taken by the Federal Prosecution Service (MPF) against illegal deforestation between 2017 and 2020. While the number of convictions has increased, effectively penalizing those who harm the environment remains a significant challenge.
Out of 640 judgments that were upheld following appeals and 55 agreements for compensation totaling R$252 million, only 37 cases, or 5%, saw actual payments made. Imazon reported that the total paid reached R$652,300, covering three judgments and 34 agreements. If we consider cases currently in the payment phase, including frozen bank accounts and installment plans, the repayment rate only rises to 8%.
Worryingly, judges often reduce the compensation amounts proposed by the MPF. In some cases, the compensation for material damage dropped by 34%, from an average of R$11,304 to R$7,515 per hectare. For collective moral damages, the reduction was even steeper—down 59%, from R$5,616 to R$2,280.
Imazon highlights the difficulty of enforcing accountability for illegal deforestation, noting, “Making criminals pay for illegal deforestation in the Amazon and repairing the damage is one of the main challenges for environmental justice.”
On a positive note, Imazon observed that convictions have risen since the launch of the Amazon Protect Program in 2017, created to combat illegal deforestation. Still, these convictions represent a small part of the overall cases. By December 2023, nearly 2,000 of the 3,500 actions had received judgments, with 695 resulting in some form of accountability, including 640 validated cases and 55 consent decrees where offenders agreed to take corrective actions.
By October 2020, only 650 of the assessed cases had gone to judgment, with just 51 being procedurally valid. The report noted that most judgments holding deforesters accountable occurred after October 2020, with significant activity in 2023 alone.
Imazon researcher Brenda Brito commended the increase in valid cases, stating, “It is positive to see the courts are now more favorable to using remote evidence, like satellite images, for convictions. However, the pressing challenge remains to ensure that compensations are paid and that deforested areas are restored.”
Despite the progress, the study revealed that 66% of judgments favored the environment even after appeals. By December 2023, 42% of cases were dismissed, as courts found insufficient evidence. An additional 13% were deemed unfounded, and 7% were rejected outright. The trend of dismissals was more common before 2020 and often resulted from actions against unidentified perpetrators. However, since late 2020, the courts have taken a more favorable approach to pursue cases even when defendants are uncertain.
Check out this related article: Join the National Conversation on Land Use: Insights from the Department for Environment, Food and Rural Affairs
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