AN ANALYSIS OF THE NEW LEGAL FRAMEWORK FOR IBAMA’S ADMINISTRATIVE ENFORCEMENT PROCEDURES AND ITS EFFECTS ON COMBATING DEFORESTATION IN THE AMAZON

This executive summary analyzes the impact of Decree No. 9,760/2019 on the administrative enforcement procedures of IBAMA, Brazil's federal environmental agency. It argues that changes to the sanctioning process, combined with a shift toward military-led operations and the dismissal of technical staff, have weakened the state's ability to combat illegal deforestation and fires in the Amazon.

• Decree No. 9,760, approved in April 2019, introduced a mandatory conciliation phase before the enforcement phase in environmental sanctioning procedures across federal, state, and municipal levels. However, its implementation has been ineffective due to ambiguous scheduling rules, a lack of clear criteria for the conciliation teams (ECACs), insufficient staffing in many states, and a lack of data transparency.
• The governance of IBAMA's sanctioning process has been compromised by the removal of experienced technical staff and their replacement with military personnel or professionals lacking environmental management qualifications. This includes the replacement of all IBAMA state superintendents, some of whom have conflicts of interest, such as a superintendent in Acre who previously worked as a lawyer for environmental offenders.
• The Brazilian government shifted from the Action Plan for Prevention and Control of Deforestation in the Legal Amazon (PPCDAm) to military-led 'Operation Green Brazil' (Operações Verde Brasil) I and II. These military operations were more expensive and failed to prevent deforestation or punish offenders, marking the first time IBAMA was removed from the command of its own duties in its 30-year history.
• Under the administration of Jair Bolsonaro, the enforcement of precautionary measures—such as the seizure of equipment and embargos on deforested areas—has been neglected. The president has reportedly prohibited IBAMA officers from enforcing these measures, and agents have faced threats and interference during inspections.
• There is a stark divergence between the increase in environmental damage and the decrease in legal enforcement in the Amazon. Between 2018 and 2020, the deforestation rate in the Amazon rose by 47%, while the number of infractions recorded against flora decreased by 56%.
• Despite the legal requirement for conciliation under the new framework, there is no record of any conciliation hearings being held for infractions against the Amazon biome's flora in the two years following the enactment of the new procedure.
• The lack of effective monitoring and the delays or absence of conciliation hearings increase the risk that the statute of limitations will expire, preventing authorities from applying penalties to environmental offenders.

APA

Lopes, C. L., & Chiavari, J. (2021). AN ANALYSIS OF THE NEW LEGAL FRAMEWORK FOR IBAMA’S ADMINISTRATIVE ENFORCEMENT PROCEDURES AND ITS EFFECTS ON COMBATING DEFORESTATION IN THE AMAZON. Climate Policy Initiative. https://www.climatepolicyinitiative.org/wp-content/uploads/2021/06/Executive-Summary.pdf

Chicago

Lopes, Cristina Leme, and Joana Chiavari. AN ANALYSIS OF THE NEW LEGAL FRAMEWORK FOR IBAMA’S ADMINISTRATIVE ENFORCEMENT PROCEDURES AND ITS EFFECTS ON COMBATING DEFORESTATION IN THE AMAZON. Climate Policy Initiative, 2021. https://www.climatepolicyinitiative.org/wp-content/uploads/2021/06/Executive-Summary.pdf.

Wikipedia

{{cite report |last1=Lopes |first1=Cristina Leme |last2=Chiavari |first2=Joana |title=AN ANALYSIS OF THE NEW LEGAL FRAMEWORK FOR IBAMA’S ADMINISTRATIVE ENFORCEMENT PROCEDURES AND ITS EFFECTS ON COMBATING DEFORESTATION IN THE AMAZON |publisher=Climate Policy Initiative |date=June 2021 |url=https://www.climatepolicyinitiative.org/wp-content/uploads/2021/06/Executive-Summary.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{lopes2021analysis, author = {Lopes, Cristina Leme and Chiavari, Joana}, title = {{AN ANALYSIS OF THE NEW LEGAL FRAMEWORK FOR IBAMA’S ADMINISTRATIVE ENFORCEMENT PROCEDURES AND ITS EFFECTS ON COMBATING DEFORESTATION IN THE AMAZON}}, institution = {Climate Policy Initiative}, year = {2021}, month = jun, url = {https://www.climatepolicyinitiative.org/wp-content/uploads/2021/06/Executive-Summary.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }