Tiago Martins and Adivan Zanchet
Firstly, it is important 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 Annulment Action or Declaratory Action of an Environmental Violation Notice is a legal measure used to challenge the application of an environmental fine or sanction imposed by the competent environmental agency.
The objective of the Declaratory Action is to obtain a court decision declaring the nullity or non-existence of the environmental violation notice or recognizing the illegality of the application of the fine or sanction.
To do so, it is necessary for the plaintiff to present arguments and evidence that demonstrate the illegality or abusiveness of the application of the penalty. In general, the arguments used in the declaratory action involve the allegation that the environmental agency acted with excessive power or that the environmental violation did not exist, or even that the application of the penalty was disproportionate or unfair.
It is important to note that a declaratory action is a legal measure that must be adopted with caution and always with the support of a firm specialized in Environmental Law.
After all, the process can have serious implications for the plaintiff if it is dismissed or if consistent arguments and evidence are not presented to support the claim that the penalty is illegal.
It is worth noting that the MartinsZanchet Firm has extensive experience in mitigating losses, aiming at the exponential growth of the producer, as well as the rural company.
To learn 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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