Visual Evidence and Environmental Liability

Abstract

This article investigates the extent to which imagery evidence can be considered a sufficient instrument for environmental protection, particularly in contexts of limited statehood, where direct state action is restricted. The objective is to critically analyze the limits and potentials of satellite imagery and geospatial data in the construction of judicial evidence in environmental matters. A qualitative approach with a deductive method is adopted, articulating a literature review in the fields of evidence theory and environmental law with an empirical case study analysis within the Federal Justice system. The theoretical framework is grounded in contemporary evidence theory, with particular emphasis on Taruffo and Ferrer Beltrán, as well as socio-legal approaches to governance in areas of limited statehood and the concept of Environmental Rule of Law. The findings indicate that image-based evidence plays a structural role in demonstrating the materiality of environmental damage by enabling the identification and quantification of large-scale territorial changes. However, it is evident that its use is not self-sufficient for legal imputation, requiring articulation with other evidentiary elements and institutional validation mechanisms. Therefore, it is concluded that imagery evidence belongs to a broader evidentiary ecosystem, in which its effectiveness depends on the adoption of criteria for rationality, transparency, and control, aiming to harmonize efficiency in environmental protection with procedural guarantees and the legitimacy of judicial decisions.