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In brief

The Ministry of the Environment, IBAMA and ICMBIO have edited Joint Normative Instruction (INC) MMA/IBAMA/ICMBio No. 2/2021, published in the Federal Official Gazette on Thursday, 29 April. The new INC updated certain procedures established by Joint INC No. 1/2021, which was published at the beginning of April, particularly those related to inspection reports.


In more detail

The new INC defines the inspection report as an administrative document that integrates or precedes the opening of sanctioning environmental administrative procedures to investigate environmental infractions. In contrast, Joint INC No. 1/2021, defines an inspection report as a document that formalizes the proposition of an administrative environmental sanction procedure.

According to the new INC, the inspection report may be prepared within 10 days from the issuance of the infraction notice. This period may be extended only once for an equal period (i.e., 10 days) by an act of the executive board responsible for environmental inspection.

If the aforementioned period expires or the required corrections/additions are not fulfilled, the hierarchically superior authority will take actions to either continue or conclude the administrative process. In addition, in case of evidence of disinterest by the public agent, the process will be submitted to an 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 with the District Attorney’s Office and the other pertinent agencies about the infraction only after a decision is made on the preliminary analysis of the case.

Our Environment and Sustainability team is available to provide further clarification on the topic.

Author

Renata Amaral is a Partner in Baker McKenzie Sao Paulo office.

Author

Giovani Tomasoni is a Partner in Baker McKenzie São Paulo office.

Author

Alexandre Jabraa is a Senior Associate in Baker McKenzie São Paulo office.

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