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

The report analyzes how changes to Brazil's environmental legal framework, specifically the introduction of a mandatory conciliation phase and the replacement of technical staff with military personnel, have weakened the effectiveness of IBAMA's enforcement. It argues that these shifts, combined with the suspension of the PPCDAm and the implementation of military-led operations, have contributed to increased deforestation and illegal fires in the Amazon while reducing the number of environmental infractions processed.

• Decree No. 9,760, approved in April 2019, introduced a mandatory conciliation phase before the enforcement phase of IBAMA's sanctioning procedure. However, this phase has been ineffective due to ambiguous scheduling rules, a lack of clear criteria for the teams conducting hearings (ECACs), staffing shortages in many states, and a lack of data transparency.
• The governance of IBAMA's sanctioning process has shifted from technical expertise to military and unqualified personnel. Strategic management positions and state superintendencies have been filled by military personnel or individuals lacking necessary technical qualifications, which the report suggests jeopardizes the impartiality and capacity of the administrative procedure.
• The government replaced the Action Plan for Prevention and Control of Deforestation in the Legal Amazon (PPCDAm) with military-led 'Operation Green Brazil' (Operações Verde Brasil) I and II. These military operations were more expensive and failed to achieve the primary goals of preventing deforestation and punishing offenders.
• There is a significant disconnect between the increase in environmental damage and the decrease in legal enforcement. Between 2018 and 2020, the deforestation rate in the Amazon rose by 47%, while the number of infractions against flora decreased by 56%.
• Despite the legal requirement for a conciliation phase, 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 administration under Jair Bolsonaro has neglected the enforcement of precautionary measures, such as the seizure and destruction of equipment and the embargo of deforested areas, which are critical for deterring 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} }