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Brazil

The Ministry of Environment, IBAMA and ICMBIO publish new normative instruction updating the procedures related to inspection reports

By Renata Campetti Amaral, Giovani Bruno Tomasoni and Alexandre Salomão Jabra June 11, 2021 2 Mins Read

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.

Disclaimer:
“Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.”

Author Renata Campetti Amaral

Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author Giovani Bruno Tomasoni

Giovani Bruno Tomasoni joined the Firm in 2008 and became partner of the Environment, Consumer and Sustainability practice group in 2020. He practices with focus on Environment, Public Law, Energy, Forestry, and helps clients in the internalization of concepts such as sustainability, ESG, circular economy, environmental compliance, among others.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author Alexandre Salomão Jabra

Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations. In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization. In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code. Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.