Fines do not change with new rulesThursday March 15th, 2018
May 12, 2014
According to an article published in the Legal Counsel, the rules of the new Forest Code (Law 12,651 / 2012) not retroactive with respect to fines imposed by the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA). Based on this understanding, the 5th Region Federal Regional Court fully maintained fine, ban and embargo term residences built in Permanent Protection Area (APP) in the state of Paraíba.
The lawsuit was filed by the Federal Attorney General on the basis of tax assessment resulting in fine of $ 10,000 against the landowner who raised two residences in an APP. The construction took place without a license or authorization from the competent environmental agencies.
The offender agreed to demolish the houses, but has filed suit demanding reduction of 60% in value, claiming that the new Forest Code reduced from 100 meters to 30 meters the range of preserving permanent areas, which would justify a proportional reduction of the fine. Read the complete article