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Cancellation of embargo term

Firstly, it is necessary to mention that the MartinsZanchet office stands out for its expertise in Environmental, Agrarian and Agribusiness Law, with a highly qualified and specialized team of lawyers.

The embargo term is an instrument used by environmental agencies to interrupt activities that are causing damage to the environment. It is issued when an activity or enterprise is considered irregular or does not have a valid environmental license.

It is worth mentioning that the embargo term is a precautionary measure that aims to protect the environment and prevent more serious damage, while the environmental administrative process is conducted to investigate the facts and possible application of sanctions.

Failure to comply with the embargo term may generate serious consequences for the person responsible for the activity or enterprise, such as the application of fines, public civil actions, among other measures.

That said, it is important to seek guidance from a Lawyer Specialized in Environmental Law to ensure the defense of the rights and interests of the person or company involved in the process.

Among the main strategies developed by the Office MartinsZanchet Environmental Intelligence for Businesses the following stand out:

  • Check the legality of the embargo: The first step is to check whether the embargo was applied in accordance with the law. This includes checking whether the environmental authority followed the correct procedures, whether the embargo was well-founded and whether it was applied within the legal limits.
  • Present evidence: If you believe that the embargo was applied unduly, it is important to present evidence and proof to contest the decision. This may include documents, photographs, technical reports and other evidence that may demonstrate that the embargo is unjustified.
  • Negotiate a possible settlement: In some cases, it may be possible to negotiate a settlement with the environmental authority to resolve the issue that led to the embargo. This may include taking steps to correct the violation, such as carrying out environmental remediation, adopting cleaner technologies, or implementing environmental control measures.
  • File administrative defenses: If you believe that the embargo was applied improperly, you can file administrative appeals with the environmental authority. These include appeals such as an appeal for reconsideration, hierarchical appeal and request for review.
  • Seek legal action: If administrative remedies are not sufficient to overturn the embargo, it is possible to seek legal action. A lawyer specializing in environmental law can advise the client on the best strategies and arguments to challenge the decision.
  • Seek injunctive relief: If the embargo is causing irreparable harm to the customer, it is possible to seek injunctive relief to suspend or revoke the embargo while the legal proceedings are ongoing.

It is worth noting that the Office MartinsZanchet Environmental Intelligence for Businesses has vast experience in seeking the best right for your case, and on many occasions the viability of a legal action for a solution will be discussed.

To learn even more about our work, you can visit Inteligência Ambiental, the largest YouTube channel and podcast on the subject in Brazil.

Access directly through our YouTube channel by clicking HERE!

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    Interested in this service? Contact us now so our team can help you.

      Count on our technical and legal knowledge for the strategic and sustainable development of your business.

      Count on our technical and legal knowledge for the strategic and sustainable development of your business.