Amendments made to Federal Decree that provides for environmental sanctioning procedures
Federal Decree No. 11,080/2022 was published on 24 May, amending Federal Decree No. 6,514/2008, which deals with infractions and administrative sanctions for conduct and activities harmful to the environment.
Decree No. 11,080/2022 sought to update controversial points of Decree No. 6,514/2008 and other IBAMA rules, in addition to bringing updates on the procedure for scheduling conciliation hearings.
The main change brought by Decree No. 11,080/2022 is related to the new definition recidivism for purposes of aggravating administrative sanctions. From now on, the assessed will only be considered a repeat offender if they have a sanctioning process that became final within the period of five years. This period of five years will be counted from the last administrative decision in the case.
These alterations apply only for infraction notices drawn up from the entry into force of Decree No. 11,080/2022.
Below are other changes brought by the new decree:
– IBAMA may forward subpoenas and notifications by electronic means.
– The assessed person will have a period of 20 days, from the date of receipt of the Notice of Infraction, to present a defense, express interest in scheduling the conciliation hearing or immediately adhere to one of the legal solutions provided for closing the procedure (payment of the fine with discount, installments and conversion of the fine into services for the preservation, improvement and recovery of the quality of the environment).
– The application to adhere to the possible legal solutions for closing the procedure must contain (i) the irrevocable and irreversible confession of the debt, (ii) the withdrawal of judicially or administratively challenging the environmental assessment, and (iii) the waiver of any legal claims on which challenges and administrative appeals and lawsuits that may be pending decision may be based.
– The conciliation hearings will be held preferably by video conference.
– The curable defects may be, at any time, validated ex officio by the judging authority.
– The infraction notices that present irremediable defects may be declared null by the judging authority.
– The 30% discount will only be applied in the event that the assessed person chooses to pay the fine in cash. It will no longer be possible to obtain a discount on the payment of fines in installments.
Decree No. 11,080/2022 came into force on the date of its publication.
Our Environment and Sustainability team is available to provide further clarification on the subject.