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.
An environmental fine enforcement action is a legal proceeding initiated by the government (for example, the Brazilian Institute of the Environment and Renewable Natural Resources – IBAMA, in Brazil) to collect an environmental fine that has not been paid by the offender.
When a person or company is charged with an environmental infraction, a fine is applied that must be paid within the stipulated period. If the fine is not paid, the environmental agency may initiate a tax enforcement action to collect the amount due. In this process, legal means are adopted to collect the amount of the fine, such as freezing bank accounts and seizing assets.
How should the Defendant proceed? If he does not agree with the existing debt.
It is important to emphasize that each case is unique, and that the defense strategy must be evaluated by a Lawyer Specialized in Environmental Law, who will be able to advise on the best options available in each specific situation.
Initially, the team of professionals specialized in Tax Enforcement Defense will analyze the amount of the fine, verifying its proportionality to the severity of the infraction and whether it is within the legal limits. If not, it may be possible to discuss its reduction or even its cancellation.
Likewise, the Specialist Lawyers will analyze the legality of the fine, since it is important to verify whether the fine that resulted in the fine was carried out in accordance with the law. This includes verifying whether due process was observed and whether there was a justification.
Among the possible defense strategies, the most common are the Embargo and Pre-enforcement Exception, and the MartinsZanchet Environmental Intelligence for Businesses Office has extensive experience in seeking the best law for your case.
To learn even more about our work, you can visit Inteligência Ambiental, the largest YouTube channel and podcast on the subject in Brazil.
Access it directly through our YouTube channel by clicking HERE!
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