New regulation on the ascertainment of infractions to the environment in the State of Rio Grande do Sul
State Decree No. 55,374/2020 which establishes new regulation for the ascertainment of infractions to the environment and their administrative procedures in the State of Rio Grande do Sul, was published on July 23, 2020.
The new Decree revoked State Decree No. 53,202/2016 and the new rules will come into force 60 (sixty) days after the publication.
Please find below the most important changes provided by the State Decree in addition to the procedural steps:
Fines – the fine penalties will be issued in State Fiscal Units (UPFs). They may range from 2,5 to 5,000,000 UPFs. In 2020, the fines may range from R$ 50.75 up to R$ 101,500,000.00.
Recidivism – for the purpose of an aggravating circumstance, recidivism will occur until 03 (three) years from the issuance of a prior infraction notice that has been confirmed.
Aggravating Circumstances – the new Decree establishes additional types of aggravating circumstances such as: (i) if the violator had monetary intentions to commit the infraction; (ii) when there is damage to the property of others; and (iii) when urban areas or human establishments are affected, among others.
Discount – After the issuance of the infraction notice, the violator can execute a specific waiver agreement on the administrative procedure, resulting in its shelving, under a 50% (fifty per cent) discount grant over the fine penalty amount.
Conversion of fines – the new rule maintains the possibility of suspension of the fine resulting in a discount up to 90% of the amount, in addition to the possibility of its conversion into environmental protection services.
