You are on page 1of 10

Decree Nr.

3,179 (September 21, 1999)


Specifies the sanctions applicable to conduct and activities harmful to the environment and other provisions.
THE PRESIDENT OF THE REPUBLIC, making use of the prerogatives conferred to him by Article 84,
Paragraph IV of the Constitution, and bearing in mind that provided for in Chapter VI of Law No. 9605, dated
February 12, 1998, in Article 16, Paragraphs 2 and 3, Articles 19 and 27, and Article 44, Paragraph 1 and 2
of Law No. 4771, dated September 15, 1965, in Articles 2, 3,14 and 17 of Law No. 5197, dated January 3,
1967, in Paragraph 4 of Article 14 and Paragraph II of Article 17 of Law No. 6938, dated August 31, 1981, in
Article 1 of Law No. 7643, dated December 18, 1987, in Article 1 of Law No. 7679, dated November 23,
1988, in Paragraph 2 of Article 3 and Article 8 of Law No. 7802, dated July 11, 1989, in Articles 4,5,6 and 13
of Law No. 8723, dated October 28, 1993, and in Articles 11,34 and 46 of Decree-Law No. 221, dated
February 28, 1967,

DECREES:

Chapter I
Preliminary Provisions

Article 1. Every action or omission that violates the legal rules for use, fruition, promotion, protection and
recovery of the environment is considered an environmental administrative violation and will be punished
with the sanctions included herein, without prejudice to the application of other penalties provided for in the
legislation.

Article 2. Administrative violations are punished with the following sanctions:


I - warning;
II - simple fine;
III - daily fine;
IV - confiscation of animals, fauna and flora products and byproducts, instruments, tools, equipment or
vehicles of any nature used in the violation;
V - destruction of the product or rendering it useless;
VI - suspension of sale and manufacture of the product;
VII - embargo of construction or activity;
VIII - demolition of construction;
IX - partial or total suspension of activities;
X - restriction of rights; and
XI - repair of inflicted damage.

§ 1. If the offender commits simultaneously two or more violations the imposed sanctions will be applied
cumulatively.

§ 2 . The warning will be applied on the non-observance of the provisions of this Decree and the legislation
in force, without prejudice to the other sanctions provided for in this Article.

§ 3. The simple fine will be applied every time the agent, through negligence or malice:
I - having been warned of irregularities that have been committed, declines to repair them in the time period
determined by the competent body of the National Environment System (SISNAMA) or the Port Authority of
the Navy Command;

II - hinders inspection by SISNAMA bodies or the Port Authority of the Navy Command.

§ 4. The simple fine may be converted into services for the protection, improvement and recovery of
environmental quality.

§ 5. The daily fine shall be always applied when the violation persists over time, until it effectively comes to
an end or until the situation is straightened out by the offender by signing a term of commitment to repair the
damage.

§ 6. The confiscation, destruction or rendering useless mentioned in clauses IV and V of the chapeau of this
Article will be carried out in the following manner:
I - the animals, products, byproducts, instruments, tools, equipment, vehicles and fishing vessels that are the
object of the administrative violation will be confiscated, and the appropriate documents drawn up;

II - the confiscated animals will have the following destination:


a) released into their natural habitat, after their adaptation to wild conditions has been verified;
b) delivered to zoological gardens, environmental foundations or similar entities, as long as they remain
under the responsibility of qualified technical personnel;
c) should it be impossible to meet the conditions established in the previous clauses promptly, the
responsible environmental body may entrust the animals to a bona fide depositary in accordance with
Articles 1265 to 1282 of Law No. 3071, dated January 1, 1916, until the aforementioned terms can be
implemented.

III - perishable products and byproducts or timber confiscated by the inspection will be assessed and
donated by the competent authority to scientific, hospital, penal, military, public institutions, and other charity
institutions, as well as to needy communities; the respective documents will be drawn up, and furthermore, in
the case of non-perishable fauna products, these will be destroyed or donated to scientific, cultural or
educational institutions;

IV - the products and byproducts mentioned in the previous clauses that are not collected by the
beneficiaries within the period determined in the donation document, without justification, will be the object of
a new donation or auction, at the discretion of the environmental body. The resources collected therefrom
will be allotted to the preservation, improvement and quality of the environment, and the operational costs
incurred from the warehousing, removal, transport, processing and other legal charges will be borne by the
beneficiary;

V - the equipment, tools and other instruments used in the violation will be sold by the body responsible for
their confiscation, ensuring that their characteristics are removed by recycling;

VI - if the instruments mentioned in the previous clause are useful for the activities of environmental bodies
and scientific, cultural, educational, hospital, penal, military, public institutions and other charitable entities,
they will be donated to these entities, after prior assessment by the body responsible for confiscation;

VII - in dealing with the confiscation of products or substances which are toxic, hazardous or noxious to
human health or to the environment, the measures to be adopted, be they final disposal or destruction, will
be determined by the competent body and the costs will be borne by the offender;

VIII - the vehicles and vessels used in the violation confiscated by the competent authority will only be
released on payment of the fine, submission of defense or contest; the goods may be entrusted to the bona
fide depositary according to Articles 1265 to 1282 of Law No. 3071, dated January 1, 1916, until the
implementation of the terms previously mentioned, at the discretion of the competent authority;

IX - the transfer to a third party, for any reason, of animals, products, byproducts, instruments, tools,
equipment, vehicles and fishing vessels dealt with by this clause, is prohibited, except in the case of an
authorization from the competent authority;

X - the competent authority will forward a copy of the documents covered by this clause to the Public
Defender’s Office for his knowledge.

§ 7. The sanctions indicated in clauses VI, VII and IX of the chapeau of this Article will be applied when the
product, construction, activity or establishment does not comply with legal or regulatory determinations.

§ 8. The decision to demolish a construction mentioned in clause VIII of the chapeau of this Article will be
the responsibility of the authority of the environmental body member of SISNAMA from the moment of the
effective verification by the reporting agent of the seriousness of the damage resulting from the violation.

§ 9. The sanctions restricting rights applicable to both natural and legal persons are:
I - suspension of the register, license, permission or authorization;
II - cancellation of the register, license, permission or authorization;
III - loss or restriction of fiscal incentives and benefits;
IV - loss or suspension of participation in credit lines at official financial institutions; and
V - preclusion from entering into contracts with the public administration for a period of up to three years.

§ 10. Irrespective of the existence of fault, the offender must repair the damaged done to the environment
caused by his activity.
Article 3. Ten percent of the amount collected in fines applied by the federal environmental body will revert
to the National Environment Fund - FNMA, this percentage may be altered at the discretion of the other
collection bodies.

Article 4. The fine will be based on the unit, hectare, cubic meter, kilogram or other relevant measure,
according to the legal object damaged.

Article 5. The amount of the fine that is covered by this Decree will be periodically corrected based on the
indices established in the relevant legislation, the minimum being R$50.00 (fifty reals) and the maximum
R$50,000,000.00 (fifty million reals).

Article 6. The reporting agent, when drawing up the term of violation, will indicate the fine foreseen for the
conduct, as well as, if appropriate, the other sanctions established in this Decree, observing:
I - the seriousness of the facts, bearing in mind the motives for the violation and their consequences for
human health and the environment;

II - the past history of the offender, with regard to complying with environmental legislation; and

III - the financial situation of the offender.

Article 7. The competent authority should, on its own authority or on provocation, irrespective of the
collection of the applied fine, increase, maintain or decrease its amount, respecting the limits established by
the violated articles, observing the clauses in the previous Article.

Sole Paragraph. The competent authority on analyzing the administrative proceedings of the recording of
the violation will comply, as appropriate, with that provided for in Articles 14 and 15 of Law No. 9605, dated
February 12, 1998.

Article 8. The payment of a fine for an environmental violation imposed by States, Municipalities, the
Federal District or Territories replaces the application of a pecuniary penalty by the federal body, if due to the
same fact, respecting the limits established in this Decree.

Article 9. A new violation by the agent who benefited from the conversion of a simple fine into services for
the preservation, improvement and recovery of environmental quality will imply the application of a fine of
double the amount of that previously imposed.

Article 10. Recurrence is the practice of a new environmental violation committed by the same agent within
a period of three years and is classified as:
I - specific: committing a violation of the same nature; or
II - generic: committing an environmental violation of a different nature.

Sole Paragraph. In the case of specific or generic recurrence, the fine imposed by the act of the new
violation will have its amount increased three times and twice, respectively.

Chapter II
Sanctions Applicable to the Violations Committed Against the Environment

Section I
Sanctions Applicable to Violations Against the Fauna

Article 11. To kill, pursue, hunt, catch, use specimens of wild animals, whether native or on migratory routes,
without the appropriate permission, license or authorization from the competent authority or in breach of the
permission, license or authorization acquired:

Fine of R$ 500.00 (five hundred reals) per unit, increased by the following amounts for each surplus
specimen:

I - R$ 5,000.00 (five thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in Annex I of the CITES - Convention on the International Trade of Endangered
Species; and
II - R$ 3,000.00 (three thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex II .

§ 1. The same fines will be applied to whosoever:


I - prevents procreation of fauna without license, authorization or is in breach of the license or authorization
acquired;

II - modifies, damages or destroys nests, shelters or natural breeding grounds; or

III - sells, puts up for sale, exports or acquires, keeps, maintains in captivity or in warehouses, uses or
transports eggs, larvae or specimens of wild fauna, native or on migratory routes, as well as products and
objects originating therein, from non-authorized breeding facilities or without due permission, license or
authorization from the competent authority.

§ 2. In the case of domestic custody of wild specimens not considered endangered, the competent authority
may, considering the circumstances, withhold the application of a fine in accordance to § 2 of Article 29 of
Law 9605 of 1998.

§ 3. In the case of custody of wild specimens the competent authority should withhold application of the
sanctions provided for in this Decree when the agent spontaneously delivers the animals to the competent
environmental body.

§ 4. Any specimen belonging to native species, migratory and any other, water or land based, that has all or
part of its life cycle taking place within the Brazilian territory or in Brazilian jurisdictional waters, is considered
to be a wild fauna specimen.

Article 12. To introduce animal specimens into the country without a favorable official technical report and a
license given by the competent authority:
Fine of R$ 2.000,00 (two thousand reals) increased by the following amounts for each surplus specimen:

I - R$ 200.00 (two hundred reals) for each unit;

II - R$ 5,000.00 (five thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex I; and

III - R$ 3,000.00 (three thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex II .

Article 13. To export unfinished skins and hides of amphibians and reptiles without the authorization from
the competent environmental authority:
Fine of R$ 2,000.00 (two thousand reals) increased by the following amounts for each surplus specimen:
I - R$ 200.00 (two hundred reals) for each unit;

II - R$ 5,000.00 (five thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex I; and

III - R$ 3,000.00 (three thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex II .

Article 14. To collect zoological material for scientific purposes without a special license granted by the
competent authority:
Fine of R$ 200.00 (two hundred reals) increased by the following amounts for each surplus specimen:
I - R$ 50.00 (two hundred reals) for each unit;

II - R$ 5,000.00 (five thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex I; and

III - R$ 3,000.00 (three thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex II .

Sole Paragraph: The same fines will be applied to:


I - whosoever uses the special licenses to which this Article refers for commercial or recreational purposes;
and

II - the scientific, official or officialized institution that does not inform the competent government body of the
activities of the scientists licensed the previous year.

Article 15. To hunt professionally in the country:


Fine of R$ 5.000,00 (five thousand reals) increased by the following amounts for each surplus specimen:
I - R$ 500.00 (two hundred reals) for each unit;

II - R$ 10,000.00 (ten thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex I; and

III - R$ 5,000.00 (five thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex II .

Article 16. To commercialize products and objects that imply the hunting, pursuit, destruction or capture of
wild fauna specimens:
Fine of R$ 1,000.00 (one thousand reals) increased by R$ 200.00 (two hundred reals) for each surplus
specimen:

Article 17. To abuse, mistreat, wound or mutilate wild, domestic or domesticated animals, native or exotic:
Fine of R$ 500,00 (five hundred reals) to R$ 2,000.00 (two thousand reals) increased by the following
amounts for each surplus specimen:
I - R$ 200.00 (two hundred reals) for each unit;

II - R$ 10,000.00 (ten thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex I; and

III - R$ 5,000.00 (five thousand reals) for each unit of a species included in the official list of Brazilian
endangered fauna and in CITES Annex II .

Sole Paragraph: The same fines will be applied to whosoever carries out painful or cruel experiments on live
animals, even if for teaching or scientific purposes, when alternatives exist.

Article 18. To cause, by emission of effluents or by dragging materials, the death of water fauna specimens
existing in rivers, lakes, dams, lagoon, bays or in Brazilian jurisdictional waters:
Fine of R$ 5,000.00 (five thousand reals) to R$ 1,000,000.00 (one million reals).

Sole Paragraph: The same penalties apply to whosoever:


I - causes degradation to plant nurseries, dams or aquaculture stations that are public property;

II - exploits natural fields of algae and water invertebrates without license, permission or authorization from
the competent authority; and

III - anchors vessels or throws debris of any nature on mollusk or coral banks, duly delimited on nautical
maps.

Article 19. To fish during periods in which fishing is prohibited or in places forbidden by the competent body:
Fine of R$ 700.00 (seven hundred reals) to R$ 100,000.00 (one hundred thousand reals) with the addition of
R$ 10.00 (ten reals) per kilo of fishing product.

Sole Paragraph: The same penalties apply to whosoever:


I - fishes species that should be preserved or species with sizes smaller than that allowed;

II - fishes in quantities that exceed those allowed or by using equipment, tools, techniques and methods
which are not permitted; and

III - transports, commercializes, processes or industrializes specimens resulting from prohibited collection,
capture and fishing.
Article 20. To fish with the use of explosives or substances which, in contact with the water, produce similar
effect, or toxic substances or even other means prohibited by the competent authority:
Fine of R$ 700.00 (seven hundred reals) to R$ 100,000.00 (one hundred thousand reals) with the addition of
R$ 10.00 (ten reals) per kilo of fishing product.

Article 21. To fish without authorization from the competent environmental organization.
Fine of R$ 500.00 (five hundred reals) to R$ 2,000.00 (two thousand reals).

Article 22. To intentionally mistreat any kind of cetaceans in Brazilian jurisdictional waters:
Fine of R$ 2,500.00 (two thousand five hundred reals).

Article 23. To import or export any type of aquatic species, in any stage of evolution, as well as to introduce
native or exotic species into Brazilian jurisdictional waters:
Fine of R$ 3,000.00 (three thousand reals) to R$ 50,000.00 (fifty thousand reals).

Article 24. To exploit natural fields of aquatic invertebrates and algae, as well as coral reefs, without the
authorization from the competent environmental body or in breach of the authorization acquired:
Fine of R$ 500.00 (five hundred reals) to R$ 10,000.00 (ten thousand reals).

Section II
Sanctions Applicable to the Violations Against Flora

Article 25. To destroy or damage forest considered to be a permanent preservation forest, even if under
formation, or to use it infringing protection norms:
Fine of R$ 1,500.00 (one thousand five hundred reals) to R$ 50,000.00 (fifty thousand reals), per hectare or
fraction thereof.

Article 26. To fell trees in a forest considered to be a permanent preservation forest, without permission from
the competent authority:
Fine of R$ 1,500.00 (one thousand five hundred reals) to R$ 5,000.00 (five thousand reals), per hectare or
fraction thereof, or R$ 500.00 (five hundred reals) per cubic meter.

Article 27. To inflict direct or indirect damage on protected areas and on the areas dealt with in Article 27 of
Decree No. 99724, dated June 6, 1990, irrespective of their localization:
Fine of R$ 200.00 (two hundred reals) to R$ 50,000.00 (fifty thousand reals).

Article 28. To cause a fire in woods or forests:


Fine of R$ 1,500.00 (one thousand five hundred reals) per hectare or fraction thereof.

Article 29. To manufacture, sell, transport or release fire balloons that could cause fire in forests and any
other forms of vegetation, in urban areas or in any type of human settlement:
Fine of R$ 1,000.00 (one thousand reals) to R$ 10,000.00 (ten thousand reals), per unit.

Article 30. To extract stones, sand, lime or any type of mineral from publicly owned forests or those
considered permanent preservation forests, without prior authorization:
Simple fine of R$ 1,500.00 (one thousand five hundred reals) per hectare or fraction thereof.

Article 31. To cut noble wood, as defined by Executive Act, or transform it into charcoal for industrial or
energetic purposes or any other exploitation, economic or otherwise, in breach of legal determinations:
Fine of R$ 500.00 (five hundred reals) per cubic meter.

Article 32. To receive or acquire, for commercial or industrial purposes, timber, fuelwood, charcoal or other
plant based products, without requiring presentation of the vendor’s license, granted by the competent
authority, and without having the copy which should accompany the product until final processing:
Simple fine of R$ 100.00 (one hundred reals) to R$ 500.00 (five hundred reals) per unit, stere, kilo, linear or
cubic meter.

Sole Paragraph. The same fine applies to whosoever sells, puts up for sale, warehouses, carries or keeps
timber, fuelwood, charcoal or other plant based products, without a valid license for the whole time of the trip
or storage, granted by the competent authority.

Article 33: To prevent or jeopardize natural regeneration of forests and any other form of vegetation:
Fine of R$ 300.00 (three hundred reals) per hectare or fraction thereof.

Article 34. To destroy, damage, injure or mistreat, by any manner or means, ornamental plants from public
places or in private properties belonging to others:
Fine of R$ 500.00 (five hundred reals) per tree.

Article 35. To trade in power saws, or use them in forests and on any other types of vegetation, without
license or register from the competent authority:
Simple fine of R$ 500.00 (five hundred reals) per unit traded.

Article 36. To enter into protected areas carrying substances or instruments used for hunting or exploiting
forest products or byproducts, without license from the competent authority:
Fine of R$ 1,000.00 (one thousand reals).

Article 37. To destroy or damage native or planted forests or vegetation which fixates dunes or protects
mangroves, a special object of preservation:
Fine of R$ 1,500.00 (one thousand five hundred reals) per hectare or fraction thereof.

Article 38. To exploit legal reserve areas, forests and succession formations of native origin, whether public
or private property, without prior approval of the competent environmental agency as well as the adoption of
techniques for the conduction, exploitation, management and replacement of forests.
Fine of R$ 100.00 (one hundred reals) to R$ 300.00 (three hundred reals) per hectare or fraction thereof, or
per unit, stere, kilo, linear or cubic meter.

Article 39. Clearance of legal reserve area:


Fine of R$ 1,000.00 (one thousand reals) per hectare or fraction thereof.

Article 40. To make use of fire in agricultural and pasture areas without authorization from the competent
body or in breach of the authorization acquired:
Fine of R$ 1,000.00 (one thousand reals) per hectare or fraction thereof.

Section III
Sanctions Applicable to Pollution and Other Environmental Violations

Article 41. To cause pollution of any nature to the extent that it results or could result in damage to human
health, or that could cause death of animals or significant destruction of flora:
Fine of R$ 1,000.00 (one thousand reals) to R$ 50,000,000.00 (fifty million reals).

§ 1. The same fines apply to whosoever:


I - renders a rural or urban area unsuitable for human occupation;

II - causes air pollution that results in the departure of the affected area's inhabitants, even if momentarily, or
causes direct damage to the population’s health;

III – causes water pollution so that it is necessary to interrupt the public water supply in a community;
IV – hinders or prevents public access to beaches;

V – discards solid, liquid or gaseous wastes, or debris, oils, or oily substances contrary to that established in
laws or regulations; and

VI - fails to adopt, when the competent authority requires it, precautionary measures in the cases of serious
or irreversible environmental damage.

§ 2. Fines and other penalties dealt with by this Article will be applied after a technical report prepared by the
competent environmental body, identifying the dimension of the damage resulting from the violation.

Article 42. To carry out research, mining or extraction of mineral resources, without the competent
authorization, permission, concession or licensing or in breach of the granted authorization, permission,
concession or license:
Fine of R$ 1,500.00 (one thousand five hundred reals) per hectare or fraction thereof.
Sole Paragraph: The same fines apply to whosoever fails to recover the researched or exploited areas in
the terms of the authorization, permission, license, concession or determination of the competent body.

Article 43. To produce, process, package, import, export, trade, supply, transport, store, keep, warehouse or
use products or substances that are toxic, dangerous or noxious to human health or to the environment,
contrary to the requirements established in laws or regulations:
Fine of R$ 500.00 (five hundred reals) to R$ 2,000,000.00 (two million reals).

§ 1. The same penalties apply to whosoever abandons the products or substances referred to in the
chapeau of this article, or uses them in breach of safety norms.

§ 2. If the product or substance is nuclear or radioactive, the fine is increased five times.

Article 44. To build, reform, enlarge, install or put to work, anywhere in the national territory, establishments,
works or potentially contaminating services, without license or authorization from the competent
environmental agencies, or contrary to relevant legal and regulatory norms:
Fine of R$ 500.00 (five hundred reals) to R$ 10,000,000.00 (ten million reals).

Article 45. To disseminate disease or pest or species that can cause damage to agriculture, herds, fauna,
flora, or to ecosystems:
Fine of R$ 1,000.00 (five thousand reals) to R$ 2,000,000.00 (two million reals).

Article 46. To conduct, allow or authorize the conduction of an automotive vehicle in breach of
environmental requirements and limits provided for in law:
Fine of R$ 1,000.00 (one thousand reals) to R$ 10, 000.00 (ten thousand reals).

Article 47. To import or commercialize automotive vehicle without a License for Use of the Configuration of
Vehicles or Motors-LCVM issued by the competent authority:
Fine of R$1,000.00 (one thousand reals) to R$ 10,000,000.00 (ten million reals) and correction of all vehicle
or motor units which undergo alterations.

Article 48. To alter or promote the conversion of any item in vehicles or motors, both new and used, that
lead to alterations in the environmental requirements and limits provided for in law:
Fine of R$ 500.00 (five hundred reals) to R$ 10,000.00 (ten thousand reals) and correction of the irregularity.

Section IV
Sanctions Applicable to the Violations Against Urban Order and Cultural Heritage

Article 49. To destroy, render useless or deteriorate:


I – assets specially protected by law, administrative act or judicial decision;

II – a file, record, museum, library, art collection, scientific installation, or the like, protected by law,
administrative act or judicial decision:
Fine of R$ 10,000.00 (ten thousand reals) to R$ 500,000.00 (five hundred thousand reals).

Article 50. To change the appearance or structure of a building or site specially protected by law,
administrative act or judicial decision, because of its landscape, or ecological, touristic, artistic, historical,
religious, cultural, archaeological, ethnographic or monumental value, without authorization from the
competent authority or in breach of the granted authorization:
Fine of R$ 10,000.00 (ten thousand reals) to R$ 200,000.00 (two hundred thousand reals).

Article 51. To build on an area on which construction is not permitted, or on its surroundings, because of its
landscape, ecological, touristic, artistic, historical, cultural, religious, archaeological, ethnographic or
monumental value, without authorization from the competent authority or in breach of the granted
authorization:
Fine of R$ 10,000.00 (ten thousand reals) to R$ 100,000.00 (one hundred thousand reals).

Article 52. To paint graffiti or defile by any other means urban buildings or monuments:
Fine of R$ 1,000.00 (one thousand reals) to R$ 50,000.00 (fifty thousand reals).

Sole Paragraph: If the act is carried out on a monument or object protected because of its artistic,
archaeological or historical value, the fine will be doubled.
Section V
Sanctions Applicable to Administrative Violations Against the Environmental Administration.

Article 53. Failure to register in the Federal Technical Register of Activities that are Potentially Polluting or
that Make Use of Environmental Resources by natural and legal persons that are dedicated to potentially
polluting activities and to the extraction, production, transport and commercialization of products that are
potentially dangerous to the environment, as well as products and byproducts of fauna and flora:
Fine of R$ 500.00 (five hundred reals) to R$ 20,000.00 (twenty thousand reals).

Article 54. Failure of a zoological garden to maintain a register of its fauna or if it is kept in an irregular
manner:
Fine of R$ 1,000.00 (one thousand reals).

Article 55. Failure of a trader to submit statement of his stock and his income originating in the trade of wild
animals:
Fine of R$ 200.00 (two hundred reals) for every unit in arrears.

Article 56. Failure of the skippers of vessels used for fishing to fill in and hand in at the end of every trip, or
weekly, the charts supplied by the competent body:
Fine of R$ 500.00 (five hundred reals) per unit.

Article 57. Failure to submit to the competent bodies the innovations related to the data supplied for
registering pesticides, their components and similar substances:
Fine of R$ 5,000.00 (five thousand reals) to R$ 100,000.00 (one hundred thousand reals) per product.

Article 58. Failure to state on pesticide advertisements, their components and similar substances, clear
warning of the risks of the product to human health, to animals and to the environment, or failure to comply
with any other provisions of the legislation in force:
Fine of R$ 5,000.00 (five thousand reals).

Article 59. Failure of the manufacturer to comply with the warranty requirements for the limits in force for
emission of atmospheric and noise pollutants during the periods and mileage established in the specific
norms, as well as failure to supply users with all the required guidelines for the correct use and maintenance
of vehicles or motors:
Fine of R$ 100,000.00 (one hundred thousand reals) to R$ 1,000,000.00 (one million reals).

Chapter III
Final and Transitory Provisions

Article 60. The fines provided for in this Decree may have their enforcement suspended when the offender,
through a term of commitment, approved by the competent authority, undertakes to adopt specific measures
to stop or correct the environmental degradation.

§ 1. Correction of the damage dealt with by this Article will be carried out by submitting a technical project for
repairing the damage.

§ 2. The competent authority may release the offender from the requirement of submitting a technical project
in cases where the repair does not warrant it.

§ 3. When the commitments undertaken by the offenders have been fully complied with, the fines will be
reduced to ninety percent of their value, monetarily updated.

§ 4. In the case of interruption of compliance with the commitments to stop and correct the environmental
degradation, be it through decision of the environmental authority or through fault of the offender, the amount
of the fine, monetarily updated, will be proportional to the damage not repaired.

§ 5. The amounts established in §§ 3 and 4 will be collected within a period of five days from receipt of
notification.

Article 61. The competent body may issue regulatory acts, with a view to regulating the procedures required
for compliance with this Decree.
Article 62. This Decree enters into force on the day of its publishing.

Brasília, September 21, 1999 - 178th Year of the Independence and 111th Year of the Republic.

FERNANDO HENRIQUE CARDOSO


José Sarney Filho

You might also like