TJ rejects appeal of man who cut 460 trees and not recovered area

The 1st Chamber of Civil Law denied appeal against sentence arranged conviction for a crime against the environment ( damage to native forest ) . In the county , the defendant received probation process for 2 years , to fully recover the destroyed area .



As was noted that the forest devastated received no treatment , the boon was revoked and the defendant eventually sentenced to five months in prison , converted to provide two minimum wages a social entity , was also required to submit environmental remediation project area concerned .



On appeal , the defense requested acquittal for lack of evidence of the crime . Claimed that 20 % of the forest has already been recovered and missing the tree falls occurred by natural phenomena . Asked , in the alternative , that the defendant was required only to prove the recovery of the devastated area . The judges kept intact the sentence due to consider well proven that the defendant deforested forest native essence , in an area with more than four hectares .



Reportedly the process of award forester as well as photos to give an account of wood cut with chainsaw . According to the records , 462 were found felled trees , some endangered ( Araucaria angustifolia , and Ocotea porous - Pine and Imbuia ) .



The substitute judge Leopoldo Augusto Brüggemann , rapporteur of the case , said that the appellant did not bring any witnesses or evidence that supported the version of the recovery of the acres . The magistrates of the body added that the environmental report certifies that the quality of forest [ the area in question ] is unquestionable .



[ ... ] Supposed recovery of degraded areas is not sufficient to relieve the accused of criminal responsibility , which was born at the exact moment he moved the core of the type alleged criminal , destroying the forest without authorization to do so, the rapporteur concluded . The vote was unanimous ( Criminal Appeal no. 2013.016115-7 ) .



Source : Court of Santa Catarina