Federal Decree No. 12,189/2024: New Measures and Sanctions for Environmental Infractions

Federal Decree No. 12,189/2024: New Measures and Sanctions for Environmental Infractions

The new Federal Decree No. 12,189/2024 amended Federal Decree No. 6,514/2008, which regulates administrative infractions and sanctions related to the environment in Brazil.

New Article 16-A: Increased Control of Environmental Infractions

One of the modifications was the inclusion of a new type of environmental embargo, focused on controlling degraded areas.

This measure allows the competent authority to embargo a set of polygons corresponding to related environmental infractions, with the objective of:

• • Stop the violation and environmental degradation.

 

• • To prevent anyone from profiting or gaining an economic advantage from the infraction.

 

• • To prevent further violations.

 

• • To safeguard the environmental recovery of the area.

 

• • To promote the repair of environmental damage caused.

 

• • To ensure the effectiveness of administrative accountability processes.

These changes aim for more efficient monitoring and preventive blocking of areas affected by infractions, including large areas within specific biomes or conservation units.

New Penalty Values

​​In addition to the operational changes, an adjustment was also made to the values ​​of fines applicable to different environmental infractions. These include:

• • Starting a fire in a native forest : Fine of R$ 10,000.00 per hectare or fraction thereof.

 

• • Starting a fire in a cultivated forest : Fine of R$ 5,000.00 per hectare or fraction thereof.

 

• • Failure to comply with the embargo : Fine ranging from R$ 10,000.00 to R$ 10,000,000.00.

 

• • Fines related to fire prevention : In cases of negligence in preventing or fighting forest fires, fines can range from R$ 5,000.00 to R$ 10,000,000.00, depending on the severity.

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