THE INTERFACE BETWEEN THE ENVIRONMENTAL CRIMES ACT AND AMAZONAS STATE DECREE No. 52.216/2025: FEDERALISM AND THE LIMITS OF ENVIRONMENTAL REGULARISATION IN THE AMAZON

Abstract

This study analyses the legal implications and the conflict between levels of government arising from the enactment of State Decree No. 52,216 of 6 August 2025 by the Government of the State of Amazonas, in relation to the Environmental Crimes Act (Federal Act No. 9,605/1998) and the Forest Code (Federal Act No. 12,651/2012). The main objective is to investigate how the reduction in the minimum percentage of Legal Reserve—from 80 per cent to up to 50 per cent—brought about by this state subordinate legislation affects the characterisation of criminal offences against flora, as well as to map the risks of criminalisation for citizens should the decree in question be declared unconstitutional. Using a deductive methodology based on bibliographic and documentary research, the article addresses cooperative environmental federalism, the principle prohibiting ecological regression, and the doctrine of environmental criminal law. The results confirm the hypotheses put forward, indicating that the decree exceeds the state’s supplementary powers by failing to comply with the conditions set out in the Forest Code, thereby rendering it null and void, which nullifies the administrative safe conduct and exposes rural producers to the criminal sanctions under Articles 38, 39 and 50 of Law No. 9,605/1998, with limited effectiveness for the defence argument based on an error regarding the prohibition.