Brazilian Federal Decree Introduces Changes To Investigations Of Environmental Infractions

On May 24, 2022, the Brazilian Federal Government published Decree No. 11.080/2022, modifying Decree No. 6,514/2008 to adjust the federal administrative procedures for investigating environmental infractions. In general, these adjustments are new provisions or reflect provisions that already existed in other regulations.

One of the changes applies to the initial stage of the investigation, when purported transgressors are given the opportunity to attend a settlement hearing rather than submit an administrative defense to an environmental agency. The new decree exempts environmental agencies from having to automatically schedule a settlement hearing or from having to notify transgressors to state their interest in a hearing. Pursuant to the new rules, it is up to the transgressor—regardless of notification from the agency—to request a hearing within 20 days from the date of receipt of the infraction notice.