The Federal Chamber of Criminal Cassation annulled a resolution that allowed the resumption of logging in native forests of the province of Chaco.
Chamber IV, composed of judges Mariano Borinsky, Javier Carbajo, and Gustavo Hornos, ordered a new ruling in a case investigating irregularities and alleged corruption in the authorization of logging permits.
The court upheld the appeals of the prosecution and the Argentine Association of Environmental Lawyers, which had challenged the partial lifting of a precautionary measure issued in August 2024.
Main arguments of the ruling
- Lack of reasoning: Borinsky pointed out that the previous ruling did not explain why the enactment of a new provincial law implied a real change in the environmental risk.
- Precautionary principle: he recalled that absolute scientific certainty is not required to prevent serious or irreversible damage, citing the Supreme Court precedent “Mamani”.
- Effective protection: it was noted that during the validity of the precautionary measure, illegal logging had already been detected, demonstrating the need to maintain preventive measures.
Criminal intervention in environmental cases
Borinsky defended the intervention of the criminal jurisdiction, clarifying that issuing preventive measures does not constitute an intrusion into provincial competencies, but rather the exercise of the judicial role of guaranteeing constitutional rights such as environmental protection (Article 41 of the National Constitution).
Hornos’ stance
Judge Gustavo Hornos argued that the precautionary measure should be maintained directly, as there is still no expert report determining the magnitude of the damage caused.
Lifting the measure would imply consolidating an irreparable environmental risk. He also warned that the provincial agencies in charge of control are precisely some of those under investigation in the case.
Risk of corruption and lack of control
The investigation points to a possible phenomenon of corruption in the administration of logging authorizations.
The prosecution considered it “illogical” to delegate control to the Directorate of Forests and the provincial Executive Power when their officials are under investigation as alleged participants in an illicit association.
Social and environmental implications
The ruling reaffirms that the right to live in a healthy and balanced environment affects both current and future generations. The Cassation decision sets an important precedent in the defense of the Chaco forests, considered critical ecosystems for biodiversity and climate regulation.
The resolution of the Chamber of Cassation not only halts logging in Chaco but also strengthens the application of the precautionary principle and criminal responsibility in environmental cases. It is a significant step towards effective protection of native forests against illegal logging and corrupt practices.
