Procedure for investigating environmental administrative infractions is published in Amazonas

In brief

State Decree No. 51.355/2025 was published, regulating, within the scope of the State of Amazonas, the administrative infractions, penalties and precautionary measures applicable to conduct and activities harmful to the environment.

In more detail

On March 13, 2025, State Decree No. 51.355/2025 was published, regulating administrative infractions, penalties and precautionary measures applicable to environmentally harmful conduct in the state of Amazonas.

The new regulation came into force on the date of its publication and made significant changes to Decree No.  15.842/1994 and Decree No. 10.028/1987, as well as repealing Decree No. 15.780/1994.

Among the main developments, we highlight the fact that the normative standard typifies more than 60 administrative infractions, considering infractions against: (i) fauna; (ii) flora; (iii) urban planning; (iv) cultural heritage, as well as specific infractions regarding the commission of damage (pollution), among others.

Among the new types of infractions, as recently included in Federal Decree No. 6.514/2008, is “failing to repair, compensate or indemnify environmental damage, in the manner and within the period required by the competent authority, or implementing a provision disagreement with the one defined“, which could lead to fines of up to BRL 50,000,000.00 (fifty million Brazilian reais).

In addition, the Decree also established detailed criteria for assessing the penalty of a fine, taking into account the willfulness of the conduct, the consequences for the environment and public health, the size of the company and the type of offense violated.