Find out how to cancel an environmental infraction notice

First of all, it is necessary to clarify that the Notice of Infraction is the document that initiates the administrative process that will investigate the alleged environmental irregularity and, to be considered valid, it must meet the formal and material requirements provided for by law.

As it is a document resulting from the exercise of the Public Administration's police power, the Environmental Infraction Notice (AIA) has a relative presumption of veracity, which means that the facts alleged by the reporting agent are considered true, until proof is presented. in the opposite direction.

However, it is not any proof or mere allegation that, in itself, will invalidate the veracity of the AIA. To do so, it will be necessary to present unequivocal proof of the existence of a defect in one of its elements, or the non-existence of the facts that were described, or the atypicality of the conduct.

For this reason, when receiving an AIA, it is important to carefully analyze not only the factual circumstances, but also the Infraction Notice itself, as it may contain errors that will result in its correction, nullity or annulment.

Errors that can be corrected are called remediable defects, as long as the correction does not imply changing the description of the Infraction Notice, or changes that make it difficult for the defendant to defend himself.

If the defect is found to be remediable, the Infraction Notice will not be annulled, but will be validated by the competent judging authority, through a remedial order.

Examples of defects that can be corrected are errors in the spelling of the defendant's name, in the address, or even the incorrect indication of the name of the property/farm where a possible infraction was found.

In turn, irremediable defects are substantial errors in the content of the Infraction Notice itself, the correction of which would imply the modification of the described fact itself.

The Environmental Infraction Notice that presents an irremediable defect cannot be validated, but must be declared null and void.

It is possible to cite as an example of an irremediable defect, the error in the description of the infraction in situations in which a fine is issued for deforestation of native vegetation without environmental licensing and, subsequently, it is proven that only isolated cutting of trees was carried out without due authorization from the competent environmental body.

The error regarding the authorship of the infraction also vitiates the Infraction Notice, insofar as administrative environmental responsibility is subjective, so that third parties cannot be held administratively responsible for the environmental infraction committed by another.

A very common example is cases in which the current owner of a rural property is charged for an infraction committed by the former owner. Therefore, it is not because the Infraction Notice was drawn up that the fine applied will be definitive.

It turns out that, in an attempt to resolve the situation more quickly, many rural producers choose to pay the fine immediately, when they could obtain better outcomes for the fine.

Considering that environmental assessments are supported by very specific laws, it is advisable that rural producers, upon receiving a Notice of Infraction, seek specialized legal guidance, which will identify the best strategy and solution in defense of their rights and interests.

By Anna Carolina de Oliveira, lawyer, Amaral e Melo Advogados