This analysis reveals low conviction rates for environmental crimes in the Pantanal, highlighting the need for legal reform.
Objective: The objective of this study is to investigate the effectiveness of criminal sanctions provided for in the Brazilian legal system to combat forest fires in the Pantanal, evaluating whether they are sufficient to discourage harmful practices and ensure compliance with SDG 15 of the 2030 Agenda. Theoretical Framework: This study is based on Luigi Ferrajoli's theory of criminal guaranteeism, analysis of Brazilian environmental legislation, and Brazil's international commitments to the Sustainable Development Goals, especially regarding the protection of terrestrial ecosystems and accountability for environmental damage. Methodo: The methodology adopted comprises an exploratory, quantitative, and qualitative approach, with documentary analysis of environmental criminal legislation, jurisprudence at the level of criminal appeals in the Federal Regional Court of the 3rd Region and the Court of Justice of Mato Grosso do Sul, and a bibliographic review on forest fires in the Pantanal from 2019 to 2025. Results and Discussion: It was found that the culture of fire remains institutionalized in Brazilian legislation, where the requirements for proving a causal link hinder the effective application of criminal sanctions. Jurisprudence analysis revealed a low number of convictions, which are more frequent when the Penal Code is used instead of Law No. 9,605/98. In the Pantanal region, only one conviction was verified, referring to a case in the Kadiwéu Indigenous Land. Thus, acquittals predominate due to insufficient evidence regarding the actual damage. Research Implications: The practical implications of this research point to the need for legislative reform, including the typification of omissions, expansion of penalties, and creation of a specific federal statute for the Pantanal. Theoretically, it contributes to the debate on the effectiveness of environmental criminal law in Brazil. Originality/Value: This study contributes to the literature by highlighting the existing gaps between legal provision and effective application of environmental criminal sanctions, proposing concrete strategies for strengthening criminal accountability in line with Brazil's international commitments to sustainable development.
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Taveira et al. (2025) studied this question.
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