The Brazilian Superior Court of Justice (STJ) approved on October 24, 2018 a new binding precedent, No. 618, providing that: “The inversion of the burden of proof is applicable to environmental damage lawsuits”. Binding precedents represent Court’s guidelines on a certain subject, based on previous decisions, aiming at providing legal certainty and stability on Court’s…
Author Archives: Marco Antonio Gonçalves
The National Agency of Oil, Natural Gas and Biofuels (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis – “ANP”) enacted on September 24, 2018, the Resolution No. 749/2018, regulating procedures to allow reduction of royalty rates over incremental production on mature fields. Royalties are one of the most traditional forms of government take applicable to…
Federal Environmental Agency (“IBAMA”) published on September 19, 2018, Ordinance No. 2,723 (“Ordinance”), determining the administrative planning of environmental public civil actions (“ACPs”) to be filed by IBAMA, aiming at the determination of civil liability arising from environmental violations under IBAMA’s competence. The National Coordination of Judicial Litigation (“COJUD”), the General Coordination of Environmental Inspection…
On July 11, a Special Commision of the Chamber of Deputies approved a bill of law establishing a new legal framework for Regulatory Agencies. Such bill had been approved by the Federal Senate in 2016; thus, its current version, as amended by the Chamber of Deputies, will be returned to the Senate for review. “Political…
For the purpose of improving regulation and focusing on simplification, reduction of investment barriers and costs, the National Agency of Oil, Natural Gas and Biofuels (“ANP”) released Resolution 734 (“Resolution”), which was published on the Official Gazette on June 29th, 2018. The ethanol and biodiesel production, which were regulated, respectively, by ANP’s Resolution 26/2012 and…
On April 17, 2018, the Brazilian Environmental Agency (“IBAMA”) published Ordinance No. 11/2018 and Ordinance No. 12/2018 (“Ordinances”), altering the regulation of Federal Registration of Potentially Pollutant Activities and Users of Environment Resources (“CTF/APP”) and introducing new environmental instruments. The Ordinance No. 11/2018 sets forth new rules for the enrollment in CTF/APP, such as: Alterations…
On the 22 of January, 2018, the Chico Mendes Institute for the Conservation of Biodiversity (ICMBio) published Normative Instruction No. 2/2018, regulating the procedures for the conversion of environmental fines into preservation, improvement and recuperation services of the environment in environmental protected units. Normative Instruction No.2/2018 sets forth two proceedings to convert an environmental fine:…
On January 11, 2018, it was issued the Normative Instruction No. 1/2018 of Brazilian Institute of the Environment and Natural Resources – IBAMA, regulating the environmental conditions of the use and disposal of fluids, gravel and cement paste in the activities of maritime well drilling and production of petroleum and gas. Normative Instruction No. 1/2018…