Avoid Fines and Embargoes with a Technical Environmental Defense

The Expansion of Environmental Inspections and the Need for a Technical Response

With the intensification of environmental inspections in Brazil, the number of rural producers, companies, and enterprises fined for environmental violations is growing. In many cases, these citations are issued automatically based on remote data—such as satellite imagery—without considering the actual operational context of the property.

This trend has generated legal uncertainty and unjust penalties, making it essential to provide a qualified legal and technical response from the outset. When well-structured, a defensive strategy can lead to the annulment of infraction notices, mitigation of penalties, and preservation of the regularity of productive activities.

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What Is an Environmental Administrative Proceeding?

An environmental administrative proceeding is a formal procedure initiated by the public authorities to investigate potential violations of current environmental legislation. It typically begins with the issuance of an infraction notice by an inspection agent, based on field operations, remote monitoring, or complaints.

Its purpose is to establish administrative liability for the offender, as provided by Law No. 9,605/1998 (Environmental Crimes Law) and Decree No. 6,514/2008, potentially resulting in fines, embargoes, shutdowns, and other sanctions.

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Which Authorities May Impose Sanctions?

The process may be initiated by various environmental administrative bodies, such as:

• IBAMA (Federal level);

• State Environmental Secretariats (e.g., SEMAD, SEMA, CETESB);

• Municipal agencies with environmental authority;

• Regulatory agencies and environmental authorities.

Each body has its own procedural rules but must comply with the constitutional principles of due process, adversarial proceedings, legal certainty, and broad defense.

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Most Common Grounds for Environmental Fines

The main infractions that lead to administrative proceedings include:

• Deforestation or clearing of native vegetation without proper authorization;

• Use of fire outside legal parameters;

• Operating or establishing enterprises without a valid environmental license;

• Pollution of natural resources above legal limits;

• Failure to comply with conditions imposed in environmental permits;

• Unauthorized interventions in Permanent Preservation Areas (APPs) or Conservation Units.

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Stages of an Environmental Administrative Proceeding

1. Issuance of Infraction Notice: The initial document that records the alleged violation, identifying the alleged offender and the legal basis for the sanction;

2. Notice to Present a Defense: The fined party is summoned to present a defense within 10 to 20 business days, depending on the authority;

3. First-Level Judgment: The legal department of the environmental agency reviews the defense and issues a reasoned decision;

4. Imposition of Penalty: If the defense is rejected, the applicable administrative sanction is imposed, with deadlines for compliance;

5. Administrative Appeal: The defendant may appeal to a higher level within the same agency, presenting further arguments;

6. Closure or Registration of the Fine in Public Debt: If not reversed or paid, the fine may be registered as public debt, leading to judicial enforcement.

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Possible Sanctions Upon Conviction

• Simple, daily, or cumulative fines (ranging from R$ 1,000 to R$ 50,000,000, depending on the infraction and its impact);

• Embargoes of areas, construction projects, or enterprises;

• Suspension or cancellation of environmental licenses;

• Temporary or permanent shutdown of activities;

• Seizure of equipment and assets used in the violation.

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How to Present an Effective Technical Defense

The response to the citation must go beyond a generic rebuttal. A consistent and strategic defense requires:

• Technical analysis of the infraction notice: Assessing its formal legality, justification, and proportionality of the sanction;

• Supporting documentation: Permits, maps, photographic records, technical reports, and statements proving lawful conduct;

• Substantiated arguments: Highlighting technical or legal misinterpretations by the enforcement agency;

• Specialized technical evidence: Environmental expert opinions, georeferencing studies, lab analyses;

• Demonstration of good faith: Especially in cases without intent or where no significant environmental harm occurred.

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Common Mistakes to Avoid

• Missing procedural deadlines: Ignoring notifications or failing to respond in time can lead to automatic sanctions;

• Submitting generic defenses: Defenses lacking technical basis are usually rejected;

• Relying solely on appeals: Appeals are supplementary and should not replace a well-prepared initial defense;

• Overlooking ancillary obligations: Some sanctions can be reduced through compensatory measures, which must be requested on time.

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How a Specialized Law Firm Can Help

Specialized legal representation is decisive in reducing the impact of fines and ensuring continuity of operations. Key services include:

• Legal assessment of the infraction notice and its legal basis;

• Collaboration with technical experts—environmental engineers, agronomists, and appraisers—to develop robust evidence;

• Submission of a structured legal defense with regulatory and technical backing;

• Negotiation of environmental agreements or regularization alternatives with the enforcement agency;

• Monitoring the case until its conclusion, including judicial measures if necessary.

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What If the Penalty Is Upheld?

If the administrative process ends with the penalty being upheld, there are still options:

• Filing a lawsuit to annul or revise the infraction notice, especially in cases of procedural error, lack of environmental damage, or disproportionate sanctions;

• Requesting installment payment of the fine under applicable agency resolutions;

• Converting the fine into environmental services, where permitted;

• Monitoring tax enforcement proceedings to avoid asset seizures or bank account freezes.

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Conclusion

Environmental administrative proceedings must be addressed seriously and strategically, with technical-legal support from the outset. The way a citation is handled can determine whether the penalty is reversed, reduced, or fully enforced.

A well-prepared defense—supported by legal reasoning, documents, and technical evidence—is the safest path to preserve the rights of the accused and ensure the lawful continuation of economic activities.

Have you received an environmental citation or are facing an administrative process?
Contact Martins Zanchet Environmental Law Firm. Our team operates throughout Brazil, offering comprehensive legal and technical solutions to protect you, your property, and your business.