Normative Instruction of the State of Rio Grande do Sul defines the procedure for investigating environmental administrative infractions and imposing penalties
SEMA Normative Instruction No. 15/2014 has been published, defining additional rules on the procedure for investigating administrative infractions arising from activities harmful to the environment and on the procedure for applying penalties and administrative measures, within the scope of the agencies that compose the State Environmental Protection System – SISEPRA.
More details
On November 14, 2024, SEMA Normative Instruction No. 15/2014 was published in the state of Rio Grande do Sul, establishing complementary provisions on the procedure for investigating environmental administrative infractions and imposing penalties.
Aiming to ensure greater uniformity in environmental administrative proceedings, the new rule includes, among other provisions, a model for drawing up the Notice of Infraction and the respective Notification to be sent to the defendant, indicating the fields and information that must be included in such documents, as well as specific criteria for calculating the administrative fine.
Of particular note is article 8 of the rule, which refers to the Administrative Defense and its judgment. Paragraph 3 of this article defines that, along with the Defense, the power of attorney must be presented and the defendant’s e-mail address for procedural communications must be indicated, under penalty of the Defense not being received by the authority. Paragraph 5, on the other hand, establishes the possibility of defendant to follow the judgment of the case in the 1st and 2nd administrative instances, including with the presentation oral arguments. This request must be made in writing and highlighted in the Defense or Appeal.
The new Normative Instruction also provides for the possibility of the environmental agency drawing up a separate document (“Termo Próprio”) when it finds an environmental infraction in which it is not possible to identify its author and which requires a precautionary measure. In such cases, this document will be published in the Official State Gazette, giving interested parties the opportunity to comment within 20 (twenty) days. If these manifestations allow the author of the infraction to be identified, the Notice of Infraction will be drawn up and the procedure will follow its natural course.
In addition, the rule also reiterates that all environmental administrative proceedings at the state level must be processed through the SOL system – Online Licensing System, so that the protocol of the defendant’s manifestations must be carried out through this system.
