STJ validates IBAMA fines canceled by Eduardo Bim
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STJ released collection of R$ 29 billion in fines applied by Ibama that had been canceled during the Bolsonaro government on the grounds of prescription
@stjnoticias recognized on Tuesday (21) the validity of R$29.1 billion in fines applied by Ibama.
Loophole created by order of the former president of the body, in 2022, led to 183 thousand fines being prescribed, around 84% of Ibama’s fines.
The STJ unanimously recognized that it is legal to notify those charged via notice for the final arguments phase of the process. The order made this procedure irregular, which canceled notifications to those charged and made it impossible to collect fines.
Notification by notice is provided for by Decree No. 6,514/2008, which regulated the Environmental Crimes Law (Law No. 9,605/1998).
The decision was caused by an appeal filed by @aguoficial against a ruling by the Federal Regional Court of the 4th Region.
“[A decisão] enshrines AGU’s commitment to providing legal certainty to the environmental police power. And the STJ, by recognizing the validity of environmental inspection, contributed to the fight against deforestation”, declared Mariana Cirne, national attorney for Climate and Environmental Defense.
From January to October 2023, infraction notices issued by Ibama in the Amazon increased by 130%.
The intensification of command and control actions resulted in a 49.7% drop in deforestation in the Amazon compared to the first ten months of 2022.
*With information from consultancy
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