GEOGRAPHIC ENVIRONMENTAL LAW: ADMISSIBILITY, VALIDITY, AND LIMITS OF GEOSPATIAL EVIDENCE IN BRAZILIAN CIVIL PROCEDURE

Abstract

This article examines the intersection between Civil Procedural Law, Environmental Law, and geotechnologies, investigating the admissibility and probative efficacy of satellite imagery, remote sensing, and Geographic Information Systems (GIS) in Brazilian environmental litigation. The research problem questions whether geographic data obtained by satellite can be used as valid evidence, considering the technical limitations of these tools and fundamental procedural rights. The hypothesis maintains that digital geographic evidence has legal validity conditioned upon compliance with technical reliability criteria, digital chain of custody, and respect for the adversarial principle. The methodology adopts the deductive method, with a qualitative approach, based on bibliographic, documentary (legislation and CNJ Resolutions No. 433/2021 and 611/2024), and case law research (STJ and STF, 2011-2025). The results confirm that the jurisprudence of the Superior Court of Justice presents a consolidated orientation regarding the admissibility of satellite images as suitable evidence in environmental matters, while the Supreme Federal Court, although not having established a specific thesis on the legal nature of such evidence, recognizes the centrality of environmental protection and admits the use of technological instruments by inspection agencies. However, relevant technical limitations are identified, notably limitations regarding the precise identification of the initial moment of damage, requiring multitemporal analysis to estimate the period of occurrence. The applicability of the General Data Protection Law proves more relevant in specific hypotheses, especially when high-resolution images enable direct or indirect identification of individuals, which tends to occur more frequently in urban areas or in records made by low-altitude drones. It is concluded that geotechnologies constitute an indispensable tool for the effectiveness of environmental protection, provided they are subjected to methodological scrutiny and reasoned judicial control, emphasizing that the consolidation of their use in judicial proceedings demands not only normative evolution but also the improvement of technical training for legal practitioners, under penalty of inadequate evidence valuation and compromise of legal certainty.