Access to Justice

Access to environmental justice advances, but still faces structural challenges 

The Access to Justice dimension was assessed based on 25 indicators that analyze the existence of specialized structures, initiatives to provide services in remote areas, compliance with case processing targets and diversity in institutions. The actions of the Judiciary, Public Prosecutor's Office, Public Defenders and police forces were assessed.

This was the dimension with the best average performance in the Environmental Democracy Index, although the results reveal important gaps. Environmental prosecutors' offices are present in all the states of the Legal Amazon, and many courts have commissions for land solutions. However, the creation of environmental courts and structures aimed at indigenous peoples and traditional communities is still limited.

The average for the nine states of the Legal Amazon was 53 points - a performance considered "fair". Maranhão (66.1) and Amazonas (61.8) achieved a "good" rating, while Amapá (37.5) and Roraima (29) had the worst scores. The Union obtained the best overall result, with 81.9 points - the only entity with an "excellent" rating in any dimension of the IDA.

Although there are initiatives to increase access in remote areas, they rarely involve environmental issues. Judicial centers for consensual conflict resolution - an important alternative to judicialization - still don't have structures to support the environmental agenda.

Highlights of the Access to Environmental Justice dimension: 

• Average for the nine states of the Legal Amazon: 53 points - "regular" rating

• Best states: Maranhão (66.1 points) and Amazonas (61.8 points) - "good"

• Worst states: Amapá (37.5 points) and Roraima (29 points) - "bad"

• Best overall performance: União, with 81.9 points - "excellent"

• Environmental police and prosecutors' offices are present in most states, but there is a lack of environmental courts and specific structures for indigenous peoples and traditional communities

• Access to justice initiatives in remote regions rarely address environmental issues