Lei Crimes Ambientais Completa

Lei Crimes Ambientais Completa


Law No. 9,605, of February 12, 1998. Veto message
Provides for criminal and administrative sanctions derived from conduct and harmful activities
the environment, and makes other arrangements. THE PRESIDENT OF THE REPUBLIC
the National Congress decrees and I sanction the following law: CHAPTER I GENERAL PROVISIONS Art. 1 (Vetoed) Art. 2 Who, in any case, competes
for the commission of the crimes provided for in this The law shall cover the penalties
extent of his guilt, as well as the director, the administrator, the board member and
technical body, the auditor, the manager, the agent or legal representative,
that, knowing someone else’s criminal conduct, stop impeding its practice when it could
act to prevent it. Article 3 – The legal entities will be held responsible
administrative, civil and criminal the provisions of this Law, in cases where the violation
committed by decision of its representative contractual organization or its collegiate body,
in the interest or benefit of your entity. Single paragraph. The responsibility of
legal entities does not exclude that of individuals, authors, co-authors or participants
of the same fact. Art. 4 The person may be disregarded
whenever your personality is obstacle to compensation for damages
caused to the quality of the environment. Article 5 (Vetoed) CHAPTER II PENALTY APPLICATION Article 6. For imposition and gradation of
the competent authority shall observe: I – the gravity of the fact, in view of the
grounds for the infringement and its consequences for public health and the environment; II – the offender’s antecedents regarding the
compliance with legislation of environmental interest; III – the offender’s economic situation,
in the case of a fine. Article 7. Restrictive penalties of rights
are autonomous and replace the private ones freedom when: I – it is a criminal offense or is applied
deprivation of liberty of less than four years; II – the culpability, the antecedents, the conduct
social and personality of the convicted as well as the motives and circumstances of the crime
indicate that the replacement is sufficient for purposes of failure and prevention
of crime. Single paragraph. The restrictive penalties of
rights referred to in this article shall have the same duration of the custodial sentence
replaced. Article 8. The restrictive penalties of law are: I – provision of services to the community; II – temporary interdiction of rights; III – partial or total suspension of activities; IV – cash benefit; V – home collection. Art. 9 The provision of services to the community
consists in assigning the convict free by public parks and gardens
and conservation units, and in the case of damage to the particular thing, public or overturned,
in restoring it if possible. Art. 10. The penalties of temporary interdiction
of law are the prohibition of the convicted contract with the Government, to receive
tax incentives or any other benefits, as well as to participate in
within five years in the case of willful offenses, and three years in the case of wrongdoing. Art. 11. Suspension of activities shall be
applied when they are not obeying to legal requirements. Article 12. The cash benefit consists of
payment in cash to the victim or the public or private entity for social purposes,
of importance, fixed by the judge, not less than to a minimum wage not exceeding three hundred
and sixty minimum wages. The amount paid shall be deducted from the amount of any compensation
to which the offender is convicted. Art. 13. Home collection is based on
in self discipline and sense of responsibility convict, who shall, without supervision,
work, attend a course or work authorized, remaining collected in the days
and time off at home or in any place intended for your usual dwelling,
as set forth in the conviction. Art. 14. These are circumstances that attenuate
worth it: I – low level of education or education
of the agent; II – the offender’s regret, manifested
spontaneous repair of the damage, or limitation significant environmental degradation; III – prior notification by the agent of the
imminent danger of environmental degradation; IV – collaboration with the agents in charge
surveillance and environmental control. Art. 15. These are circumstances that aggravate
penalty when they do not constitute or qualify the crime: I – recidivism in environmental crimes; II – the offender has committed the offense: a) to obtain pecuniary advantage; b) coercing others into material execution
of the infraction; c) affecting or exposing to danger in a manner
serious damage to public health or the environment; d) competing for damage to the property of others; e) reaching areas of protected areas
or subject areas, by act of the Government, the special regime of use; f) reaching urban areas or any settlements
humans; g) in a period of defense to the fauna; h) on Sundays or holidays; (i) at night; j) in times of drought or flooding; l) within the territorial space especially
protected; m) the use of cruel methods to
slaughter or capture of animals; n) through fraud or abuse of trust; (o) by abuse of the right to leave,
environmental permit or authorization; p) in the interest of a legal entity maintained,
wholly or partially by public funds or benefited by tax incentives; q) reaching endangered species, listed
in official reports from the competent authorities; r) facilitated by a civil servant in the
exercise of their functions. Art. 16. In the crimes provided for in this Law, the
conditional suspension of the sentence may apply in cases of sentencing to deprivation
freedom not exceeding three years. Art. 17. The verification of the reparation to
referred to in § 2 of art. 78 of the Code Penal will be made by reparation report
environmental damage, and the conditions to be imposed by the judge should relate to
with environmental protection. Art. 18. The fine shall be calculated according to
Criminal Code criteria; turn out ineffective, even if applied to the maximum,
may be increased up to three times taking given the value of the economic advantage gained. Art. 19. The skill of finding the damage
where possible, shall fix the amount of injury caused for the purposes
bail and calculation of fines. Single paragraph. The expertise produced in
civil inquiry or the civil court may be taken advantage of in criminal proceedings by
the contradictory. Article 20. The condemnatory criminal sentence,
where possible, will set the minimum value to repair the damage caused by the infringement,
considering the damages suffered by the offended or by the environment. Single paragraph. Final judgment
judgment, enforcement may be be carried out at the value fixed in accordance with
caput, without prejudice to the settlement to determination of the damage actually suffered. Art. 21. The applicable penalties isolated, cumulative
or alternatively to legal entities, in accordance with the provisions of art. 3rd, are: I – fine; II – restrictive of rights; III – provision of services to the community. Art. 22. Restrictive penalties of rights
of the legal entity are: I – partial or total suspension of activities; II – temporary prohibition of establishment,
work or activity; III – prohibition to contract with the Power
Public, as well as obtaining subsidies from him, grants or donations. Paragraph 1. The suspension of activities shall be applied.
when they are not obeying the legal or regulatory provisions concerning
environmental protection. Paragraph 2. The prohibition shall be applied when
the establishment, work or activity is operating without proper authorization, or
not in accordance with the granted, or in violation of legal or regulatory provision. § 3 The prohibition of contracting with the Power
Public and obtain from it grants, subsidies or donations may not exceed the period
ten years old. Art. 23. The provision of services to the community
by the legal entity shall consist of: I – funding of environmental programs and projects; II – execution of recovery works
of degraded areas; III – maintenance of public spaces; IV – contributions to environmental entities
or public cultural. Art. 24. The legal entity constituted or
predominantly used for the purpose of allow, facilitate or hide the practice
defined in this Law will have decreed your forced liquidation, your equity
will be considered an instrument of crime and as such lost in favor of the Penitentiary Fund
National. CHAPTER III APPROACH OF PRODUCT AND INSTRUMENT
INFRINGEMENT ADMINISTRATIVE OR CRIME Art. 25. Once the infraction is verified, they will be seized
its products and instruments by drawing the respective records. § 1 The animals will be released in their
habitat or delivered to zoos, foundations or similar entities, provided
under the responsibility of technicians enabled. Paragraph 1. Animals shall be given priority liberty.
their habitat or, if such a measure is not feasible or not recommended for health reasons,
delivered to zoos, foundations or similar entities for safekeeping and care
under the responsibility of qualified technicians. (Wording given by Law No. 13.052 of 2014) § 2 In the case of perishable products
or woods, these will be evaluated and donated to scientific institutions, hospitals,
criminal and other for charitable purposes. Paragraph 2. In the case of perishable products,
will be evaluated and donated to scientific, hospital, criminal and other
for charitable purposes. (Wording given by Provisional Measure No. 62 of 2002) Paragraph 2 Until the animals are delivered
the institutions mentioned in paragraph 1 of this The authorizing body shall ensure that
they are kept in proper condition packaging and transport which guarantee
your physical well-being. (Wording given by Law No. 13,052 of 2014) Paragraph 3 In the case of perishable products
or woods, these will be evaluated and donated to scientific institutions, hospitals,
criminal and other for charitable purposes. (Renumbering from Paragraph 2 to Paragraph 3 by Law No. 13,052 of
2014) § 4 ° Products and by-products of fauna
non-perishables will be destroyed or donated to scientific, cultural or
educational (Renumbering from §3º to §4º Law No. 13,052 of 2014) Paragraph 5. The instruments used in practice
infringement will be sold, guaranteed to its decharacterization through recycling.
(Renumbering from Paragraph 4 to Paragraph 5 by Law No. 13,052, 2014) Paragraph 5. In the case of wood, they shall be taken
the auction, and the amount collected, reversed to the environmental agency responsible for
seizure. (Included by Provisional Measure No. 62 of 2002) Harmed CHAPTER IV ACTION AND CRIMINAL PROCEEDINGS Art. 26. In the criminal offenses provided for
in this Law, the criminal action is unconditional public. Single paragraph. (Vetoed) Art. 27. In the lower potential environmental crimes
offensive, the proposed immediate application restrictive penalty or fine provided for in
in art. 76 of Law No. 9,099, of September 26 1995 may only be formulated as from
the previous composition of the environmental damage dealt with in art. 74 of
same law, except in the case of proven impossibility. Art. 28. The provisions of art. 89 of the Law
No. 9,099 of September 26, 1995, apply to to offenses with the lowest offensive potential defined
this Law, with the following modifications: I – the declaration of extinction of punishment,
referred to in Paragraph 5 of the Article referred to in caput, will depend on the report of verification
environmental damage repair, except the impossibility provided for in item I of
§ 1 of the same article; II – in the event that the verification report
prove that the repair has not been completed, the period for the suspension of proceedings shall be extended,
up to the maximum period provided for in referred to in the caption, plus another year,
with suspension of the limitation period; III – during the extension period, no
apply the conditions of items II, III and IV of § 1 of the article mentioned in
caput; IV – At the end of the extension period, the
to draw up a new report of verification repairing environmental damage and may
according to your result be extended again the suspension period up to the maximum
item II of this article, subject to the provisions of in item III; V – the maximum extension period has expired,
the declaration of extinction of punishment will depend on a finding report that proves
have the accused taken the necessary steps full compensation of the damage. CHAPTER V OF CRIMES AGAINST THE ENVIRONMENT Section I Of Crimes Against Fauna Art. 29. Kill, stalk, hunt, catch,
use native wildlife specimens or on a migratory route without proper permission,
license or authorization of the competent authority, or in disagreement with that obtained: Penalty – detention from six months to one year,
and fine. Paragraph 1. The same penalties are incurred: I – who prevents the breeding of fauna without
license, authorization or in disagreement with the one obtained; II – who changes, damages or destroys nest,
shelter or natural breeding; III – who sells, exposes for sale, exports
or acquires, keeps, holds in captivity or deposits, uses or transports eggs, larvae or specimens
wildlife, native or migratory, as well as products and objects from it,
from unauthorized breeding or without proper permission, license or authorization
of the competent authority. Paragraph 2. In the case of domestic guard of a kind
not considered endangered, can the judge, considering the circumstances,
stop applying the penalty. § 3 ° Are specimens of wildlife
all those belonging to native species, migratory and any other aquatic
or terrestrial, which have all or part of its life cycle occurring within the limits
Brazilian territory, or jurisdictional waters Brazilian women. § 4 The penalty is increased by half, if the
crime is committed: I – against rare or threatened species
extinction, even if only at the site of the infraction; II – in a period prohibited to hunting; III – at night; IV – with license abuse; V – in conservation unit; VI – using methods or instruments
capable of mass destruction. Paragraph 5. The penalty is increased to three times,
if the crime stems from hunting professional. Paragraph 6. The provisions of this article shall not
apply to fishing acts. Art. 30. Exporting fur and
raw amphibian and reptile hides, without authorization of the competent environmental authority: Penalty – imprisonment, one to three years, and fine. Article 31. Introduce animal specimens into the country,
without favorable official technical opinion and license issued by the competent authority: Penalty – imprisonment, from three months to one year,
and fine. Art. 32. Practicing abuse, mistreatment,
injure or maim wild, domestic animals or domesticated, native or exotic: Penalty – imprisonment, from three months to one year,
and fine. Paragraph 1. The same penalties apply to those who perform
painful or cruel experience in living animals, although for didactic or scientific purposes,
when alternative resources exist. § 2 The penalty is increased from one sixth to one
third, if death occurs. Art. 33. To provoke, by the emission of effluents
or loading of materials, the perishing of existing aquatic fauna specimens
in rivers, lakes, ponds, lagoons, bays or Brazilian jurisdictional waters: Penalty – imprisonment from one to three years or
fine, or both cumulatively. Single paragraph. Incurs the same penalties: I – who causes degradation in ponds, dams
or domain aquaculture stations public; II – who exploits natural fields of invertebrates
aquatic and algae, without license, permission or authorization of the competent authority; III – who sails boats or launches
debris of any kind on banks molluscs or corals, duly marked
in nautical chart. Art. 34. Fishing in a period in which fishing
prohibited or in places prohibited by competent organ: Penalty – imprisonment from one year to three years or
fine, or both penalties cumulatively. Single paragraph. Incurs the same penalties
who: I – fishing for species to be preserved
or specimens smaller than allowed; II – fish for quantities greater than permitted;
or by the use of apparatus, supplies, techniques and methods not allowed; III – transports, markets, benefits
or industrializes specimens from the prohibited collection, catching and fishing. Art. 35. Fishing using: I – explosives or substances which, on contact
with water produce a similar effect; II – toxic substances, or other means
prohibited by the competent authority: Penalty – imprisonment from one year to five years. Art. 36. For the purposes of this Law, it is considered
fishing every act tending to remove, extract, collect, catch, seize or capture specimens
of fish groups, crustaceans, mollusks and hydrobic vegetables, susceptible or not
economic use, except for endangered species in
on the official lists of fauna and flora. Art. 37. It is not a crime to slaughter an animal,
when performed: I – in need, to satisfy
the hunger of the agent or his family; II – to protect crops, orchards and herds
predatory or destructive action of animals, provided legally and expressly authorized
by the competent authority; III – (Vetoed) IV – because the animal is harmful, provided that
characterized by the competent body. Section II Of Crimes Against Flora Art. 38. Destroying or damaging considered forest
of permanent preservation, even if in use it in breach of the law.
of protection standards: Penalty – imprisonment from one to three years or
fine, or both penalties cumulatively. Single paragraph. If the crime is guilty,
the penalty will be halved. Art. 38-A. Destroy or damage vegetation
primary or secondary, advanced stage or medium of regeneration, of the Mata Biome
Atlantic, or use it with infringement Protection Standards: (Included by
Law No. 11,428 of 2006). Penalty – imprisonment from 1 (one) to 3 (three) years,
or fine, or both penalties cumulatively. (Included by Law No. 11,428 of 2006). Single paragraph. If the crime is guilty,
the penalty will be halved. (Included Law No. 11,428 of 2006). Art. 39. Felling trees in considered forest
permanent preservation without permission from the competent authority: Penalty – imprisonment from one to three years or
fine, or both penalties cumulatively. Art. 40. Cause direct or indirect damage to
Conservation Units and areas of that deals with art. 27 of Decree No. 99,274,
June 6, 1990, regardless of whether your location: Penalty – imprisonment, from one to five years. Paragraph 1 – Conservation Units
Biological Reserves, Ecological Reserves, Ecological Stations, National Parks,
State and Municipal, National Forests, State and Municipal Protection Areas
Environmental, Areas of Relevant Ecological Interest and Extractive Reserves or others to be
created by the Government. Paragraph 1 – Conservation Units
Protection of Ecological Stations, Biological Reserves, National Parks,
Natural Monuments and Refugees of Life Wild. (Wording given by Law No. 9,985,
from 2000) § 2 The occurrence of damage affecting species
endangered species within the Units Conservation will be considered a circumstance
aggravating factor for pen fixation. Paragraph 2. The occurrence of damage affecting species
endangered species within the Units Protection Conservation
considered an aggravating circumstance for the fixation of the penalty. (Wording given by
Law No. 9,985 of 2000) Paragraph 3. If the crime is guilty, the penalty shall be
halved. Art. 40-A. (Vetoed) (Included by Law no.
9,985, from 2000) Paragraph 1 – Conservation Units
Sustainable Use Areas of Protection Areas of Relevant Interest
Ecological, National Forests, Reserves Extractives, Wildlife Reserves, Wildlife Reserves
Sustainable Development and Reserves Private Natural Heritage. (Included
Law No. 9,985 of 2000) Paragraph 2. The occurrence of damage affecting species
endangered species within the Units Conservation of Sustainable Use will be
considered an aggravating circumstance for the fixation of the penalty. (Included by Law No.
9,985, from 2000) Paragraph 3. If the crime is guilty, the penalty shall be
halved. (Included by Law No. 9,985, from 2000) Art. 41. Cause forest or forest fire: Penalty – imprisonment, from two to four years, and
traffic ticket. Single paragraph. If the crime is guilty,
the penalty is detention from six months to one year, and fine. Art. 42. To manufacture, sell, transport or
release balloons that could cause fires in forests and other forms of vegetation,
in urban areas or any type of settlement human: Penalty – imprisonment of one to three years or fine,
or both pen cumulatively. Art. 43. (Vetoed) Art. 44. Extract from domain forests
public or considered as preservation permanent, without prior permission, stone,
sand, lime or any kind of minerals: Penalty – detention, from six months to one year,
and fine. Art. 45. Cut or turn into charcoal
hardwood, so classified by act Government, for industrial purposes,
energy sources or for any other exploitation, economic or otherwise, in disagreement with the determinations
cool: Penalty – imprisonment, one to two years, and fine. Art. 46. Receive or acquire, for commercial purposes
industrial, wood, firewood, coal and other products of plant origin without requiring
seller’s license display, granted by the competent authority, and without
the route that should accompany the product until final beneficiation: Penalty – detention, from six months to one year,
and fine. Single paragraph. Incurs the same penalties
who sells, exposes for sale, has in deposit, transports or stores wood, firewood, coal
and other products of plant origin without license valid for the entire duration of the trip or
granted by the competent authority. Art. 47. (Vetoed) Art. 48. Prevent or hinder regeneration
forests and other vegetation: Penalty – detention, from six months to one year,
and fine. Article 49. Destroying, damaging, injuring or mistreating,
by any means or means, ornamentation plants public places or property
other people’s private: Penalty – imprisonment, from three months to one year,
or fine, or both penalties cumulatively. Single paragraph. In guilty crime, the penalty
is from one to six months, or fine. Art. 50. Destroying or damaging native forests
or planted or dune-fixing vegetation, mangrove protector, object of special preservation: Penalty – imprisonment, from three months to one year,
and fine. Art. 50-A. Deforest, exploit economically
or degrade forest, planted or native, on public or vacant land,
without authorization from the competent body: (Included Law No. 11,284 of 2006) Penalty – imprisonment from 2 (two) to 4 (four)
years and fine. (Included by Law No. 11,284, 2006) Paragraph 1. It is not a crime to conduct when
necessary for immediate personal livelihood the agent or your family. (Included by
Law No. 11,284 of 2006) Paragraph 2. If the exploited area is greater than
1,000 ha (one thousand hectares), the penalty will be increased one (1) year per thousand hectares. (Included
Law No. 11,284 of 2006) Art. 51. Sell or use chainsaw
in forests and other forms of vegetation, without license or registration of the competent authority: Penalty – imprisonment, from three months to one year,
and fine. Art. 52. Penetrating Conservation Units
conducting own substances or instruments for hunting or for exploitation of products
forest by-products without the permission of the competent authority: Penalty – detention, from six months to one year,
and fine. Art. 53. In the crimes provided for in this Section,
the penalty is increased from one sixth to one third if: I – the fact results in the decrease of water
erosion or soil modification of the climate regime; II – the crime is committed: a) in the period of seed fall; b) in the period of vegetation formation; (c) against rare or threatened species of
even if the threat only occurs at the place of infringement; d) in times of drought or flood; e) overnight, Sunday or holiday. Section III Pollution and other environmental crimes Art. 54. Cause pollution of any kind
at such levels that result or may result damage to human health, or which cause
animal slaughter or destruction Significant flora: Penalty – imprisonment, from one to four years, and fine. § 1. If the crime is guilty: Penalty – detention, from six months to one year,
and fine. § 2 If the crime: I – make an area, urban or rural, inappropriate
for human occupation; II – cause atmospheric pollution that causes
the momentary withdrawal of the inhabitants affected areas, or that causes direct damage
the health of the population; III – cause water pollution that causes
interruption of supply public water of a community; IV – hinder or prevent public use
from the beaches; V – occur by the release of solid waste,
gaseous or debris oils or oily substances, in disagreement with
the requirements set forth in laws or regulations: Penalty – imprisonment, from one to five years. Paragraph 3. Incurs the same penalties provided for
in the previous paragraph who fails to adopt, when required by the competent authority,
precautionary measures in case of risk of serious or irreversible environmental damage. Art. 55. Performing research, mining or extraction
mineral resources without the appropriate authorization, permission, grant or license, or in
disagreement with that obtained: Penalty – detention, from six months to one year,
and fine. Single paragraph. In the same penalties
who fails to retrieve the searched area or exploited in accordance with the authorization,
permission, license, grant or determination of the competent body. Art. 56. Produce, process, pack, import,
export, trade, supply, transport, store, store, hold or use
toxic or hazardous product or substance harmful to human health or the environment,
not in accordance with the requirements in laws or regulations: Penalty – imprisonment, from one to four years, and fine. Paragraph 1. In the same penalties, those who abandon
the products or substances referred to in the caput, or use them in disagreement with
safety. Paragraph 1. The same penalties shall apply to those who:
given by Law No. 12,305 of 2010) I – abandon the products or substances referred to
caput or use them in disagreement with the environmental or safety standards; (Included
Law No. 12,305 of 2010) II – manipulates, stores, stores, collects,
transports, reuses, recycles or disposes of hazardous waste in a different way
established by law or regulation. (Included Law No. 12,305 of 2010) § 2 If the product or substance is nuclear
or radioactive, the penalty is increased by one sixth to a third. § 3º If the crime is guilty: Penalty – detention, from six months to one year,
and fine. Art. 57. (Vetoed) Art. 58. In the intentional crimes foreseen in this
Section, the penalties will be increased: I – from one sixth to one third, if damage results
irreversible to flora or the environment generally; II – from one third to half, if it results
serious injury to another; III – up to double, if the death of
another. Single paragraph. The penalties provided
in this article shall apply only if the fact does not result in a more serious crime. Art. 59. (Vetoed) Art. 60. Build, renovate, extend, install
or operate anywhere in the territory establishments, works or services
potentially polluting, unlicensed or authorization of the competent environmental agencies,
or contrary to legal and regulatory rules relevant: Penalty – imprisonment from one to six months, or
fine, or both penalties cumulatively. Art. 61. Disseminate disease or pest or species
which may cause damage to agriculture, livestock, fauna, flora or ecosystems: Penalty – imprisonment, from one to four years, and fine. Section IV Of Crimes Against Urban Planning and
Cultural heritage Art. 62. Destroying, rendering useless or deteriorating: I – well especially protected by law, act
administrative or judicial decision; II – archive, record, museum, library,
photo gallery, scientific facility or similar protected by law, administrative act or decision
judicial: Penalty – imprisonment, one to three years, and fine. Single paragraph. If the crime is guilty,
the penalty is six months to one year of detention, without prejudice to the fine. Art. 63. Change the appearance or structure of
specially protected building or place by law, administrative act or court decision,
because of its landscaping, ecological value, touristic, artistic, historical, cultural,
religious, archaeological, ethnographic or without the permission of the competent authority
competent or in disagreement with: Penalty – imprisonment, one to three years, and fine. Art. 64. Promote construction on non-ground
or around it, considered as such because of its landscaping, ecological value,
artistic, tourist, historical, cultural, religious, archaeological, ethnographic or
without the permission of the competent authority competent or in disagreement with: Penalty – detention, from six months to one year,
and fine. Art. 65. Graffiti, graffiti or other means
dirty building or urban monument: Penalty – imprisonment, from three months to one year,
and fine. Single paragraph. If the act is performed
in a monument or a thing that falls due to the its artistic, archaeological or historical value,
the penalty is six months to one year of detention, and fine. Art. 65. To tar or otherwise defile
building or urban monument: given by Law No. 12,408 of 2011) Penalty – detention, from 3 (three) months to 1
(one) year, and fine. (Wording given by Law No. 12,408, of 2011) Paragraph 1. If the act is performed in a monument
or something overturned because of its artistic value, archaeological or historical, the penalty is
6 (six) months to 1 (one) year of detention and fine. (Renumbered from single paragraph
Law No. 12,408 of 2011) Paragraph 2. The practice of graffiti is not a crime.
carried out with the objective of valuing the public or private by demonstration
as long as consented to by the owner and, where appropriate, by the lessee or lessee
private good and, in the case of public good, with the authorization of the competent body
and compliance with municipal and standards issued by government agencies
responsible for preservation and conservation of national historical and artistic heritage.
(Included by Law No. 12,408 of 2011) Section V Crimes Against Environmental Administration Art. 66. Making the civil servant statement
false or misleading, omit the truth, evade technical or scientific information or data
authorization or licensing procedures environmental: Penalty – imprisonment, one to three years, and fine. Art. 67. Grant the civil servant
license, authorization or permission in disagreement with environmental standards for activities,
works or services whose performance depends on authorizing act of the Government: Penalty – imprisonment from one to three years and fine. Single paragraph. If the crime is guilty,
the penalty is from three months to one year of detention, without prejudice to the fine. Art. 68. Let him who has the duty
legally or contractually to do so, to comply obligation of relevant environmental interest: Penalty – imprisonment from one to three years and fine. Single paragraph. If the crime is guilty,
the penalty is from three months to one year, without prejudice of the fine. Art. 69. To obstruct or hinder the supervisory action
Government in dealing with environmental issues: Penalty – imprisonment from one to three years and fine. Art. 69-A. To elaborate or present, in licensing,
concession or any other procedure administrative, study, report or report
totally or partially false or misleading environmental including by default: (Included by Law
No. 11,284 of 2006) Penalty – imprisonment, from 3 (three) to 6 (six)
years, and fine. (Included by Law No. 11,284, 2006) Paragraph 1. If the crime is guilty: (Included by
Law No. 11,284 of 2006) Penalty – imprisonment from 1 (one) to 3 (three) years.
(Included by Law No. 11,284 of 2006) Paragraph 2. The penalty is increased by 1/3 (one third).
2/3 (two thirds) if there is significant damage environment as a result of the use of
false, incomplete or misleading information. (Included by Law No. 11,284 of 2006) CHAPTER VI ADMINISTRATIVE INFRINGEMENT Art. 70. It is considered administrative infraction
environmental action or omission that violates the legal rules of use, enjoyment, promotion,
environmental protection and recovery. Paragraph 1. The competent authorities are responsible for
environmental infraction notice and institute proceedings administrative staff
members of the National System Environment – SISNAMA, designated for
inspection activities as well as the agents of the Port Authority, the Ministry of
Navy § 2 Anyone, finding violation
may direct representation to the authorities listed in paragraph
for the purpose of exercising its police power. § 3 The environmental authority that has knowledge
environmental infringement is required to immediate investigation by means of a
administrative responsibility, under penalty of co-responsibility. § 4º Environmental infractions are determined
in its own administrative proceeding, ensured the right of broad defense and the contradictory,
subject to the provisions of this Law. Art. 71. The administrative process for verification
environmental infringement shall observe the following maximum time limits: I – twenty days for the offender to offer defense
or challenge against the notice of infringement, counted from the date of the notice of the notice; II – 30 days for the competent authority
judge the notice of infraction, counted from the date of his drawing up, whether or not the defense
or impugnation; III – twenty days for the offender to appeal
of the decision condemning the higher court of the National Environment System – SISNAMA,
or the Directorate of Ports and Coasts of the Ministry Navy, according to the type of assessment; IV – five days for the payment of a fine,
from the date of receipt of the notification. Art. 72. Administrative infractions are
punished with the following sanctions, subject to the provisions of art. 6th: I – warning; II – simple fine; III – daily fine; IV – seizure of animals, products and by-products
fauna and flora, instruments, supplies, equipment or vehicles of any kind
used for the offense; V – destruction or destruction of the product; VI – suspension of sale and manufacture of
product; VII – embargo of work or activity; VIII – demolition of work; IX – partial or total suspension of activities; X – (Vetoed) XI – Restrictive of rights. Paragraph 1. If the offender commits simultaneously
two or more offenses will apply to you, cumulatively, the sanctions imposed on them. Paragraph 2. The warning shall be applied by
non-compliance with the provisions of this Law and the legislation in force, or precepts
without prejudice to other sanctions provided for in this article. Paragraph 3. The simple fine shall be applied whenever
that the agent, through negligence or willful misconduct: I – warned for irregularities that have
been practiced, fail to remedy them within appointed by the competent SISNAMA body
or by the Port Authority of the Ministry Navy; II – to put an embarrassment on the supervision of
SISNAMA or the Port Authority, from the Ministry of the Navy. § 4 ° The simple fine can be converted
preservation, improvement and restoration of environmental quality. Paragraph 5. The daily fine shall be applied whenever
that the commission of the infringement continues in time. Paragraph 6. The seizure and destruction referred to
items IV and V of the caput will obey the provided for in art. 25 of this Law. Paragraph 7. The sanctions indicated in the items
VI to IX of the caput shall apply when the product, work, activity or establishment
are not obeying the prescriptions legal or regulatory. Paragraph 8. Restrictive sanctions of law
are: I – suspension of registration, license or authorization; II – cancellation of registration, license or
authorization; III – loss or restriction of incentives and
tax benefits; IV – loss or suspension of participation
in financing lines in establishments credit officers; V – prohibition to contract with the Administration
For up to three years. Art. 73. The amounts collected in payment
fines for environmental infringement will be reverted to the National Environment Fund,
created by Law No. 7,797, of July 10 of 1989, Naval Fund, created by Decree
No. 20,923 of January 8, 1932, funds state or municipal environmental
or correlates, as the governing body has fundraiser. Art. 74. The fine will be based on the unit,
hectare, cubic meter, kilogram or other relevant measure according to the object
injured legal entity. Art. 75. The amount of the fine dealt with in this
Chapter shall be laid down in the Regulation of this Law and periodically amended, based on the
indices established in the relevant legislation, being the minimum of R $ 50.00 (fifty reais)
and the maximum of R $ 50,000,000.00 (fifty million reais). Article 76. The payment of a fine imposed by the
States, Municipalities, Federal District or Territories replaces the federal fine on
same hypothesis of incidence. CHAPTER VII INTERNATIONAL COOPERATION FOR PRESERVATION
FROM THE ENVIRONMENT Art. 77. Safeguarding national sovereignty,
public order and morality, the Government will provide, with regard to the environment
environment, the necessary cooperation to another country at no charge when requested
for: I – proof production; II – examination of objects and places; III – information about people and things; IV – temporary presence of the arrested person,
whose statements have relevance to the decision of a cause; V – other forms of assistance allowed
by existing legislation or treaties that Brazil is a part of. Paragraph 1. The request referred to in this article
will be addressed to the Ministry of Justice, which will refer it, where appropriate, to the
competent court to decide at his own respect or shall refer it to the competent
able to serve her. Paragraph 2. The request shall contain: I – the name and qualification of the authority
requester; II – the object and the reason for its formulation; III – the brief description of the procedure
ongoing in the requesting country; IV – the specification of the assistance requested; V – the documentation indispensable to its
clarification where appropriate. Art. 78. For the attainment of the purposes pursued
in this law and especially for reciprocity international cooperation should be maintained
communications system capable of facilitating fast and secure information exchange
with agencies from other countries. CHAPTER VIII FINAL DISPOSITIONS Art. 79. They apply in the alternative to this
Law the provisions of the Penal Code and the Code of Criminal Procedure. Article 79-A. To comply with the provisions
In this Law, the environmental agencies SISNAMA, responsible for implementing
programs and projects and by controlling and supervision of susceptible activities
degrading the environmental quality, are authorized to conclude by virtue of title
extrajudicial executive, term of commitment with responsible natural or legal persons
for the construction, installation, expansion and operation of establishments and activities
users of environmental resources, considered effectively or potentially polluting as well as
as capable in any way of causing Ambiental degradation. (Included by Measure
Provisional Order No. 1,710, 1998) Paragraph 1. The term of commitment referred to in
This article is intended exclusively for to allow natural and legal persons to
mentioned in the caput can promote the necessary corrections of their activities, to attend
requirements imposed by the authorities competent environmental
the relevant instrument provides for: (Included by Provisional Measure No. 1,710,
1998) I – name, qualification and address
committed parties and their respective legal representatives; (Included by Measure
Provisional Order No. 1,710, 1998) II – the term of the commitment,
whereas, given the complexity of the obligations fixed therein may vary from the minimum
ninety days and a maximum of five years, with the possibility of even extension
period; (Included by Provisional Measure No. 1,710, 1998) III – the detailed description of its object
and the physical schedule of execution and implementation of the required works and services;
(Included by Provisional Measure No. 1,710, 1998) IV – the fines that may be applied to the
committed individual or legal entity and cases of termination as a result of the
non-compliance with the obligations agreed upon therein; (Included by Provisional Measure No. 1,710,
1998) V – the court competent to settle disputes
between the parts. (Included by Provisional Measure No. 1,710, 1998) Paragraph 2 – Regarding ongoing projects
on March 30, 1998, involving construction, installation, expansion and operation
of establishments and user activities environmental resources considered effective
or potentially polluting, as well as the capable in any form of causing degradation
the signing of the term of commitment should be required by individuals
and legal entities concerned by 31 December 1998 upon written request
filed with the competent bodies of SISNAMA. (Included by Provisional Measure
No. 1,710, 1998) Paragraph 3. From the date of filing of the application
provided for in the previous paragraph and as the term of the corresponding term
compromise shall be suspended in respect of the facts that caused the celebration
instrument, application and enforcement administrative sanctions against the person
physical or legal entity that has signed it. (Included by Provisional Measure No. 1,710,
1998) Paragraph 4. Under penalty of ineffectiveness, the terms of
commitment shall be published in the competent officer by extract. (Included
Provisional Measure 1710 of 1998) Article 79-A. To comply with the provisions
In this Law, the environmental agencies SISNAMA, responsible for implementing
programs and projects and by controlling and supervision of establishments and
activities likely to degrade the quality of authorized to conclude with
extrajudicial executive title strength, commitment term with individuals
or legal entities responsible for the construction, installation, expansion and operation
of establishments and user activities environmental resources considered effective
or potentially polluting. (Wording given Provisional Measure 1710-1 of 1998) Paragraph 1. The term of commitment referred to in
This article is intended exclusively for to allow natural and legal persons to
mentioned in the caput can promote the necessary corrections of their activities, to attend
requirements imposed by the authorities competent environmental
the relevant instrument provides for: (Wording given by Provisional Measure no.
1,710-1, 1998) I – name, qualification and address
committed parties and their respective legal representatives; (Wording given by
Provisional Measure No. 1,710-1, 1998) II – the term of the commitment,
whereas, given the complexity of the obligations fixed therein may vary from the minimum
of ninety days and a maximum of three years, with the possibility of even extension
period; (Wording given by Provisional Measure No. 1,710-1, 1998) III – the detailed description of its object,
the expected investment amount and the schedule implementation and implementation of
required works and services, with quarterly targets to be reached; (Wording given by Measure
Provisional Order No. 1,710-1, 1998) IV – the fines that may be applied to the
committed individual or legal entity and cases of termination as a result of the
non-compliance with the obligations agreed upon therein; (Wording given by Provisional Measure no.
1,710-1, 1998) V – the amount of the fine dealt with in the item
may not be higher than the value the expected investment; (Wording given
Provisional Measure 1710-1 of 1998) VI – the court with jurisdiction to settle disputes
between the parts. (Included by Provisional Measure No. 1,710-1, 1998) Paragraph 2 – Regarding ongoing projects
until March 30, 1998, involving construction, installation, expansion and
operation of establishments and activities users of environmental resources, considered
potentially or potentially polluting, the signature term of commitment should be required
by the individuals and legal entities concerned, until December 31, 1998, by means of
written application filed with the SISNAMA’s competent bodies.
signed by the head of the establishment. (Wording given by Provisional Measure no.
1,710-1, 1998) Paragraph 3. From the date of filing of the application
provided for in the previous paragraph and as the term of the corresponding term
compromise shall be suspended in respect of the facts that caused the celebration
of the instrument, the application of sanctions administrative actions against the individual or
that has signed it. (Essay Provisional Measure 1710-1,
1998) Paragraph 4. The conclusion of the commitment term
this article does not prevent the execution any fines imposed before the filing
of the application. (Wording given by Measure Provisional Order No. 1,710-1, 1998) Paragraph 5. It is considered terminated by right.
the term of commitment, when breached any of its clauses, except for the
act of God or force majeure. (Included Provisional Measure 1710-1 of 1998) Paragraph 6. The term of commitment shall be signed
within ninety days from the filing of the application. (Included by Provisional Measure
No. 1,710-1, 1998) § 7 The request for conclusion of the term
The compromise agreement shall contain the information necessary to verify their viability
technical and legal action, under penalty of rejection of the plan. (Included by Provisional Measure
No. 1,710-1, 1998) § 8. Under penalty of ineffectiveness, the terms of
commitment shall be published in the competent officer by extract. (Included
Provisional Measure 1710-1 of 1998) Article 79-A. To comply with the provisions
In this Law, the environmental agencies SISNAMA, responsible for implementing
programs and projects and by controlling and supervision of establishments and
activities likely to degrade the quality of authorized to conclude with
extrajudicial executive title strength, commitment term with individuals
or legal entities responsible for the construction, installation, expansion and operation
of establishments and user activities environmental resources considered effective
or potentially polluting. (Wording given Provisional Measure No. 2,163-41 of 2001) Paragraph 1. The term of commitment referred to in
This article is intended exclusively for to allow natural and legal persons to
mentioned in the caput can promote the necessary corrections of their activities, to attend
requirements imposed by the authorities competent environmental
the relevant instrument provides for: (Wording given by Provisional Measure no.
2,163-41, 2001) I – name, qualification and address
committed parties and their respective legal representatives; (Wording given by
Provisional Measure No. 2,163-41 of 2001) II – the term of the commitment,
whereas, given the complexity of the obligations fixed therein may vary from the minimum
of ninety days and a maximum of three years, with the possibility of even extension
period; (Wording given by Provisional Measure No. 2,163-41, 2001) III – the detailed description of its object,
the expected investment amount and the schedule implementation and implementation of
required works and services, with quarterly targets to be reached; (Wording given by Measure
Provisional No. 2,163-41 of 2001) IV – the fines that may be applied to the
committed individual or legal entity and cases of termination as a result of the
non-compliance with the obligations agreed upon therein; (Wording given by Provisional Measure no.
2,163-41, 2001) V – the amount of the fine dealt with in the item
IV may not exceed the investment value foreseen; (Wording given by Provisional Measure
No. 2,163-41, 2001) VI – the court with jurisdiction to settle disputes
between the parts. (Included by Provisional Measure No. 2,163-41, 2001) Paragraph 2 – Regarding ongoing projects
until March 30, 1998, involving construction, installation, expansion and
operation of establishments and activities users of environmental resources considered
potentially or potentially polluting, the signature term of commitment should be required
by the individuals and legal entities concerned, until December 31, 1998, by means of
written application filed with the SISNAMA’s competent bodies.
signed by the head of the establishment. (Wording given by Provisional Measure no.
2,163-41, 2001) Paragraph 3. From the date of filing of the application
paragraph 2 and as long as the duration of the of the corresponding commitment term, shall be
suspended, in relation to the facts that gave concerned to the conclusion of the instrument,
administrative sanctions against the person physical or legal entity that has signed it.
(Wording given by Provisional Measure no. 2,163-41, 2001) Paragraph 4. The conclusion of the commitment term
this article does not prevent the execution any fines imposed before the filing
of the application. (Wording given by Measure Provisional No. 2,163-41 of 2001) Paragraph 5. It is considered terminated by right.
the term of commitment, when breached any of its clauses, except for the
act of God or force majeure. (Included Provisional Measure No. 2,163-41 of 2001) Paragraph 6. The term of commitment shall be signed
within ninety days from the filing of the application. (Included by Provisional Measure
No. 2,163-41, 2001) § 7 The request for conclusion of the term
The compromise agreement shall contain the information necessary to verify their viability
technical and legal action, under penalty of rejection of the plan. (Included by Provisional Measure
No. 2,163-41, 2001) § 8. Under penalty of ineffectiveness, the terms of
commitment shall be published in the competent officer by extract. (Included
Provisional Measure No. 2,163-41 of 2001) Article 80. The Executive Branch shall regulate
this Law within ninety days of the date of of your publication. Art. 81. (Vetoed) Art. 82. The contrary provisions are repealed.

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