The Ministry of the Environment, IBAMA and ICMBIO edited Joint Normative Instruction (INC) MMA / IBAMA / ICMBio No. 2/2021, published in the Federal Official Gazette last Thursday (04/29). The new INC updated some procedures established by Joint INC No. 1/2021, which was published at the beginning of April, in special the ones related to the Inspection Report.
This new INC changes the definition of the Inspection Report, which is now defined as an administrative document that integrates or precedes the opening of sanctioning environmental administrative procedures to investigate the practice of environmental infractions. In Joint INC No. 1/2021, the Inspection Report was defined as a document that formalized the proposition of an administrative environmental sanctioning procedure.
According to the new INC, the Inspection Report may be prepared within 10 (ten) days from the issuance of the Infraction Notice. This period may be extended only once for an equal period (10 days) by an act of the Executive Board responsible for environmental inspection.
If the aforementioned period is expired or the required corrections / additions are not fulfilled the hierarchically superior authority will take actions to continue or conclude the administrative process. In addition, in case of evidence of disinterest by the public agent, the process will be submitted to the analysis of administrative responsibility.
Furthermore, the agencies clarified by means of the new INC that the head of the federal environmental administration where the infraction was practiced will now communicate the District Attorneys’ Office and the other pertinent agencies about the infraction only after the decision with a preliminary analysis of the case. Our Environment and Sustainability team is available to provide further clarification on the topic.