Court upholds historic fine for devastating Chovoreca fire

Paraguay's Court of Accounts has confirmed a historic fine levied by the Ministry of Environment and Sustainable Development (Mades) against those responsible for illegally clearing and burning native forest in Colonia San Alfredo, Alto Paraguay. The infraction, deemed "extremely serious," resulted in a devastating fire in Cerro Chovoreca in 2024, leading to significant biodiversity loss and necessitating a large-scale response from volunteer and military firefighters.

The Mades initially imposed the fine through Resolution No. 598 on December 18, 2024. The ministry classified the actions of Tomas Reiz, Clemencia SA, and individuals Hugo Miguel Zelada and Hugo Sebastián Jara Aranda as a "gravísima" (extremely serious) infraction. This was in violation of environmental impact assessment laws and wildlife protection regulations. The fine amounts to 20,000 minimum daily wages for unspecified diverse activities, totaling approximately G. 2,152,540,000 (around $350,000 USD).

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The accionante expone cuestionamientos tanto formales como materiales, siendo en cuanto a aquellos y que se refieren a la actividad de intervención asentada en un acta: primero, defectos en la notificación; segundo, irregularidades en el acta de intervención; en cuanto a los materiales; primero, error en la calificación de la infracción; segundo, vulneración del derecho a la defensa, prejuzgamiento y falta de objetividad, y; tercero, desproporcionalidad.

Legal challenges were mounted against the Mades' resolution via an administrative contentious lawsuit filed by lawyers representing Jara Aranda and Zelada. The case was reviewed by the first chamber of the Court of Accounts, comprising Gonzalo Sosa Nicoli, Alejandro Martin Ávalos Valdez, and Hugo Manuel Diez Pérez Vera. The sanctioned parties argued procedural defects, including issues with notification and intervention records, as well as material errors such as misclassification of the infraction and violations of their right to defense.

However, Magistrate Gonzalo Sosa Nicoli, the first to provide an opinion, found no evidence of the alleged lack of defense. His review of the intervention records indicated that the claims of procedural irregularities and violations of due process were unfounded. The Court of Accounts' decision to uphold the fine underscores the severity of the environmental damage caused by the illegal deforestation and subsequent fire, reinforcing the penalties for such actions.

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from the reading of the Intervention Act No. I 12965/24 of September 11, 2024, it can be easily inferred that the alleged lack of defense claimed by the plaintiff does not exist.