A Attorney General of the Union approved two opinions that allow the resumption of the processes of fines imposed by the IBAMA to deforesters, after orders from the president of the governing body Jair Bolsonaro facilitated the prescription of processes.
One of the dispatches, signed in June 2022 by then President Eduardo Bim, provided that the processes would be invalid and would expire if the offenders had been summoned for final defense allegations by means of a public notice.
The other, determined that necessary actions in the course of the process, such as inspections, due diligence or elaboration of a technical opinion, did not stop the counting of time for the prescription.
The two decisions led to the prescription of thousands of cases, reaching the suspension of 29.1 billion reais in fines.
The dispatches were overthrown by the current presidency of the IBAMA in early February, but there was controversy over the prescribed processes during the period when the orders were in effect.
According to the opinions, the two dispatches were not valid because they contravened major legislation. In the case of summons by public notice, a 2008 decree expressly provided for the summoning of violators by public notice.
The same 2008 decree stipulated that any act necessary for the process, such as subsequent investigations, technical opinions, inspections, would interrupt the statute of limitations.
Source: Moneytimes
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