BRASILIA – A justice on Brazil ’s Supreme Court on Monday ordered the federal government to seize private properties when owners are found responsible for illegal deforestation or wildfires.
The landmark ruling, which could be appealed, also directs the federal and state governments to adopt measures that block regularization, a process by which illegally-acquired land becomes legal. The expectation of regularization has been one of the main drivers of deforestation in the Amazon. Land-grabbers clear land in the hope that it will eventually be titled thanks to lax land laws or government amnesties.
Recommended Videos
In addition, authorities must seek compensation from landowners responsible for illegal and intentional destruction, according to the decision by Justice Flávio Dino.
The case stems from a petition filed by the party Rede Sustentabilidade, Sustainability Network, with the support of several environmental organizations. It demands stronger federal and state policies to protect the Amazon rainforest and Pantanal wetlands. Both regions have suffered devastating, mostly man-made wildfires since 2020. Brazil’s Minister of Environment, Marina Silva, is the founder and the main leader of this party.
“The decision bolsters the Brazilian government’s efforts to fight illegal deforestation and intentional wildfires,” said Paulo Busse, a lawyer with Climate Observatory, a network of dozens of environmental, civil society and academic groups. The organization is one of the supporters of the petition.
Busse told The Associated Press that the ruling could have immediate effect, as there are several court rulings with convictions for illegal deforestation, mostly in the Amazon.
Brenda Brito, a legal researcher with the environmental nonprofit Imazon, said the most significant part of the ruling is the crackdown on regularization for properties tied to environmental crimes.
“Right now, land regularization laws in the Amazon — both federal and state — don’t ban granting titles to properties with illegal deforestation,” she told AP.
The ruling didn’t specify a timeframe, meaning the government could potentially try to take lands illegally deforested years ago.
Requests for comment made to the Brazilian Confederation of Agriculture and Livestock, along with leaders of agribusiness caucus in Congress, were not immediately answered.
___
The Associated Press’ climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.