Brazilian judicial orders the government to capture land with proven illegal deforestation
Brasilia, Brazil (AP) – Brazil’s Supreme Court justice ordered the federal government on Monday to seize private property when it was found that the owner was responsible for illegal deforestation or wildfires.
Landmark rulings that can appeal also direct federal and state governments to take measures to prevent regularization, a process where illegally acquired land becomes legal. Expectations for regularization have been one of the main drivers of Amazon deforestation. Land plunderers clear the land, hoping ultimately to owing to loose land laws or government amnesty.
Furthermore, according to the decision of Judge Flávio Dino, the authorities must seek compensation from the landowners responsible for illegal and intentional damage.
The case stems from a petition filed by the party Rede Sustentabilidade (Sustainability Network) with the support of several environmental organizations. It calls for stronger federal and state policies to protect Amazon rainforests and Pantanal wetlands. Both areas have suffered devastating, mainly due to man-made wildfires since 2020. Brazilian Environment Minister Marina Silva is the founder and main leader of the party.
“This decision cements the Brazilian government’s efforts to fight illegal deforestation and intentional wildfires,” said Paulo Busse, a lawyer with dozens of environmental, civil society and academic groups networks. The organization is one of the supporters of the petition.
Booth told the Associated Press that the ruling could have immediate impact as several court rulings were convicted of illegal deforestation, mainly in the Amazon.
Brenda Brito, a legal researcher at the environmental nonprofit Imazon, said the most important part of the ruling was the regularization of property related to environmental crime.
“At present, Amazon’s land formalization laws, both federal and state, prohibit ownership of illegal deforestation property,” she told the Associated Press.
The ruling does not specify a timetable, meaning the government may attempt illegal deforestation of land a few years ago.
Requests for comments to the Brazilian Federation of Agriculture and Livestock and leaders of the Congressional Agribusiness Caucus did not immediately respond.
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