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Environmental Crimes Law - Brazil

Environmental Crimes Law - Brazil

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Published by mgiongo
Specifies the sanctions applicable to conduct and activities harmful to the environment and other provisions. http://worldforestry.blogspot.com/
Specifies the sanctions applicable to conduct and activities harmful to the environment and other provisions. http://worldforestry.blogspot.com/

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Published by: mgiongo on Feb 05, 2008
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Decree Nr. 3,179 (September 21, 1999)
Specifies the sanctions applicable to conduct and activities harmful to the environment and other provisions.
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, datedFebruary 12, 1998, in Article 16, Paragraphs 2 and 3, Articles 19 and 27, and Article 44, Paragraph 1 and 2of 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, inArticle 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 13of Law No. 8723, dated October 28, 1993, and in Articles 11,34 and 46 of Decree-Law No. 221, datedFebruary 28, 1967,
Chapter I
Preliminary Provisions
Article 1
. Every action or omission that violates the legal rules for use, fruition, promotion, protection andrecovery of the environment is considered an environmental administrative violation and will be punishedwith the sanctions included herein, without prejudice to the application of other penalties provided for in thelegislation.
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 orvehicles 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 appliedcumulatively.
§ 2 . The warning will be applied on the non-observance of the provisions of this Decree and the legislationin 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 perioddetermined by the competent body of the National Environment System (SISNAMA) or the Port Authority ofthe 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 ofenvironmental quality.
§ 5. The daily fine shall be always applied when the violation persists over time, until it effectively comes toan end or until the situation is straightened out by the offender by signing a term of commitment to repair thedamage.
§ 6. The confiscation, destruction or rendering useless mentioned in clauses IV and V of the
of thisArticle will be carried out in the following manner:
I - the animals, products, byproducts, instruments, tools, equipment, vehicles and fishing vessels that are theobject 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 remainunder the responsibility of qualified technical personnel;
c) should it be impossible to meet the conditions established in the previous clauses promptly, theresponsible environmental body may entrust the animals to a
bona fide 
in accordance withArticles 1265 to 1282 of Law No. 3071, dated January 1, 1916, until the aforementioned terms can beimplemented.
III - perishable products and byproducts or timber confiscated by the inspection will be assessed anddonated by the competent authority to scientific, hospital, penal, military, public institutions, and other charityinstitutions, as well as to needy communities; the respective documents will be drawn up, and furthermore, inthe case of non-perishable fauna products, these will be destroyed or donated to scientific, cultural oreducational institutions;
IV - the products and byproducts mentioned in the previous clauses that are not collected by thebeneficiaries within the period determined in the donation document, without justification, will be the object ofa new donation or auction, at the discretion of the environmental body. The resources collected therefromwill be allotted to the preservation, improvement and quality of the environment, and the operational costsincurred from the warehousing, removal, transport, processing and other legal charges will be borne by thebeneficiary;
V - the equipment, tools and other instruments used in the violation will be sold by the body responsible fortheir 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 bodiesand 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 tohuman health or to the environment, the measures to be adopted, be they final disposal or destruction, willbe 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 bereleased 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 theimplementation 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 anauthorization from the competent authority;
X - the competent authority will forward a copy of the documents covered by this clause to the PublicDefender’s Office for his knowledge.
§ 7. The sanctions indicated in clauses VI, VII and IX of the
of this Article will be applied when theproduct, 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
of this Article will bethe responsibility of the authority of the environmental body member of SISNAMA from the moment of theeffective 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 environmentcaused by his activity.
Article 3
. Ten percent of the amount collected in fines applied by the federal environmental body will revertto the National Environment Fund - FNMA, this percentage may be altered at the discretion of the othercollection 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 theindices established in the relevant legislation, the minimum being R$50.00 (fifty reals) and the maximumR$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 theconduct, 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 forhuman 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 thecollection of the applied fine, increase, maintain or decrease its amount, respecting the limits established bythe violated articles, observing the clauses in the previous Article.
Sole Paragraph
. The competent authority on analyzing the administrative proceedings of the recording ofthe violation will comply, as appropriate, with that provided for in Articles 14 and 15 of Law No. 9605, datedFebruary 12, 1998.
Article 8
. The payment of a fine for an environmental violation imposed by States, Municipalities, theFederal District or Territories replaces the application of a pecuniary penalty by the federal body, if due to thesame 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 forthe preservation, improvement and recovery of environmental quality will imply the application of a fine ofdouble the amount of that previously imposed.
Article 10
. Recurrence is the practice of a new environmental violation committed by the same agent withina 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 newviolation 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 thepermission, license or authorization acquired:
Fine of R$ 500.00 (five hundred reals) per unit, increased by the following amounts for each surplusspecimen:
I - R$ 5,000.00 (five thousand reals) for each unit of a species included in the official list of Brazilianendangered fauna and in Annex I of the CITES - Convention on the International Trade of EndangeredSpecies; and

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