Judicialização do Desmatamento Ilegal: Uma Análise da Inefetividade processual e procedimental na região da Amazônia Legal

Abstract

This study, conducted through the “SIRENE Jud” platform, highlights the inefficiency of the state and the ineffectiveness of judicial decisions in combating illegal deforestation within the Legal Amazon biome, by administrative and judicial bodies across all levels in Brazil. Employing a mixed-methods approach combining qualitative and quantitative analyses, this research retrospectively examines data from the past 10 and 5 years obtained from the Judiciary’s computerized systems. Jurimetric techniques and tools were utilized to collect and analyze data from Superior Courts and the National Council of Justice, using predefined environmental and deforestation-related keywords. Data were organized into publicly available Excel spreadsheets. Qualitative analysis involved content examination of procedural acts, phases and stages of judicial procedures, and synthesis of judicial decisions and agreements. The preliminary phase revealed a sharp decline in public civil lawsuits aimed at combating illegal deforestation between 2015 and 2017. The intermediate phase showed a significant increase in such lawsuits from 2018 to 2023, particularly between 2022 and 2023, with many cases pending final judgment. Ongoing analysis indicates continued filing of lawsuits but with low immediate resolution rates and few convictions, especially within courts in the nine states comprising the Legal Amazon in 2024. The study concludes with technical, legal, environmental, and administrative recommendations for relevant oversight bodies, state and federal courts, the National Council of Justice, and the National Council of the Public Prosecutor’s Office, aiming to fulfill institutional mandates and align with national and international agendas to curb deforestation. This research offers an unprecedented diagnosis and proposes new administrative frameworks and functions to enhance judicial effectiveness, contributing to the protection of a balanced and healthy forest biome for both Brazilian society and the international community.