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Environmental Law
consequences of public and private projects, among other competencies.
In its Attachments, Law 6,938 categorizes a series of activities accordingly to their potential to cause pollution. The activities are categorized by small, medium or high polluting potential.
Furthermore, all potentially polluting activities must obtain the Federal Technical Registration of Potentially Polluting Activities (CTF). Thus,
the companies which perform
such activities must also pay the Environmental Control and Inspection Tax (TCFA).
• Law 12,651/2012 – The Forest Code
The most recent Brazilian Forest Code was enacted in 2012, replacing the previous code, dated of 1965, and provides more accurate and updated rulings regarding the sustainable development and environmental protection.
Thus, the Forest Code established general rules regarding the protection of vegetation, the Permanent Preservation Areas (APP’s) and the Legal Reserve Areas (ARL’s); the forest exploration; the supply of forest raw materials; the control of the forest products’ origin; and the control and prevention of forest fires. Law 12.651/2012 also established financial and economic instruments in order to achieve the referred goals.
Moreover, the Forest Code institutes the Rural Environmental Registry (Cadastro Ambiental Rural – CAR), defined as a public electronic registry, mandatory for all Brazilian rural properties, with the purpose
of integrating all environmental information regarding rural properties and possessions. The CAR aims to the creation of a database for the controlling and monitoring
of environmental and economic planning, as well for the fight against deforestation.
• Law 9,605/1998 – Environmental Sanctions Act
Law 9,605/1998 approaches the administrative and criminal sanctions derived from damaging conducts and activities to the environment. This law sets forth that every person, whether an individual or a legal entity, which in any way commits offenses considered as crimes shall be punished accordingly.
The director, administrator, board or technical body member, manager, agent or grantee of a legal person, who knew about a third party’s criminal conduct and did not restrain it shall also be punished, if the person could have been able to prevent or stop the criminal conduct.
The law also dictates that the
legal persons shall be held civilly, administratively and criminally liable, when the environmental infraction has been caused by a decision of its legal or contractual representative, or of its board of directors and
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