TRF3 Extinguishes Punishability of Lawyer and Company in Deforestation Case

The 3rd Regional Federal Court (TRF3) has decided to extinguish the punishability of three defendants convicted of deforestation in a permanent preservation area in Serra da Bodoquena. The measure, announced by Federal Judge Paula Mantovani Avelino, has generated significant interest in online searches.

Extinction of Punishability at TRF3

Judge Paula Mantovani Avelino, upon analyzing the motions for clarification (embargos de declaração) presented by the defenses, declared the punishability of Antônio Augusto de Souza Coelho, 59, the lawyer and manager Jocelar Carvalho Arguelho, and the company Cia. de Participações Immacolata Concezione extinguished. With the decision, the State lost its right to punish the defendants after the final and unappealable judgment.

Reason for the Statute of Limitations

The extinction was based on the statute of limitations for the state's punitive claim. The period between the indictment, received on February 2, 2018, and the publication of the condemnatory ruling, on June 25, 2026, exceeded four years, which is the prescriptive period applicable to the case. There was no interrupting or suspending cause that prevented the count.

Originally Imposed Penalties

Before the extinction decision, the 11th Panel of the TRF3 had set the following penalties: Antônio Augusto Coelho received one year, four months, and ten days of imprisonment under an open regime, converted into community service and payment of five minimum wages to the Union; Jocelar Carvalho Arguelho was sentenced to one year and two months of imprisonment, also converted into community service and payment of one minimum wage; Cia. de Participações Immacolata Concezione was ordered to pay 40 minimum wages.

Motions Procedure and Magistrate's Decision

The defenses appealed against the condemnatory ruling, presenting motions for clarification. The magistrate understood that the issues raised were superseded, recognizing the occurrence of the statute of limitations for both individuals and the company. For Cia. de Participações Immacolata Concezione, the prescriptive period considered was two years, which had also been exceeded.

Consequences of the Decision

With the extinction of punishability, the defendants are free from the previously established penalties. The decision reinforces the importance of prescriptive periods in Brazilian criminal procedure and highlights the impact of delays between indictment and judgment on the effectiveness of convictions.

With information from O Jacaré.