There is a law for those who deforest
Article on the criminal and administrative liability of those who deforest, in light of Art. 225 of the Constitution, O Globo, 2020.
Translated from the original.
Criminal liability, in matters connected to the environment, derives from the constitutional text itself, in light of § 3 of article 225: “Conduct and activities considered harmful to the environment shall subject violators, whether individuals or legal entities, to criminal and administrative sanctions, regardless of the obligation to repair the damage caused”.
The fundamental right to a balanced environment truly justifies holding the perpetrators of environmental offenses accountable, whether natural or legal persons, it is worth remembering.
At the international level, concern grows about protecting the environment, and there are already several Constitutions that provide for criminal and administrative liability, as has also occurred in the case of Brazil.
In this sense, repressing environmental crimes and infractions is a logical imperative, arising from the defense of human rights. But it is also true that excessive bureaucratization must be avoided, since there is a risk of harming the economy. Therefore, the environmental defense agenda must follow the logic of a liberal economy, but this does not mean that the State may be remiss in preventing and repressing unlawful acts.
Law 11,284/06 prescribes imprisonment of two to four years and a fine for anyone who “clears, economically exploits or degrades forest, planted or native, on public or vacant land, without authorization from the competent body”. If the area exploited exceeds one thousand hectares, the penalty increases by one year of imprisonment for every thousand hectares devastated. In addition, the same law establishes two to four years of imprisonment for the environmental predator who submits a false document, whether a deed, license, concession or any other administrative procedure. And the penalty is increased by one third to two thirds if there is damage to the environment as a result of the use of incomplete or misleading information. There is also provision for fines for administrative violations.
Legal instruments to prevent deforestation and burning in the Amazon have existed for a long time. But effective results in terms of fines and punishment of offenders are lacking.
Fábio Medina Osório is a lawyer and was a minister of the Office of the Attorney General of the Union