2023-12-25 13:28:18
In an effort to expand legal tools to combat deforestation, the Brazilian Executive launched a new rule that prohibits bodies from different spheres of public administration from hiring people or companies that are on the list of unfit for serious environmental infractions.
Published on: 25/12/2023 – 12:28
2 min
By Raquel MiuraRFI correspondent in Brasilia
The government analyzed, from an environmental perspective, the new bidding law, more precisely the part that deals with administrative punishments, with a view to preventing a company or person that has committed a serious environmental infraction from benefiting from a contract with the public administration. The Federal Attorney General’s Office (AGU) gave its opinion last week.
The list of crimes included in this new rule was made based on another law, which provides for punishments for those who harm the environment. Among the infractions are illegal burning, fires or deforestation in areas exceeding one thousand hectares; preparing or providing a false document that results in significant environmental damage; and mistreatment of dogs and cats, when the animal dies.
The company or person that commits one of these crimes may be declared unsuitable before the public administration and, as a result, prohibited from participating in tenders and purchases carried out by federal agencies for a period of three to six years. Furthermore, if they join the list of unfit people, they will also not be able to do business with state governments and city halls.
“Whoever commits these crimes cannot expect to sign a contract with the public authorities. We have worked to use all available instruments to combat serious environmental infractions”, stated Union lawyer Maria Helena Pedroza.
Pedroza emphasizes that, in the process of declaring unsuitability, respect for the adversarial process and broad right of defense are ensured. And this classification is annulled if it is proven that the infraction did not occur or that it was committed by third parties.
Criminal, administrative and civil punishments
On the other hand, being prevented from signing contracts with the public administration does not free environmental offenders from other criminal, administrative and civil punishments. “In our daily lives, when we hire a person or company, we always try to know their history, understand some references, and then make our decision. In public administration, it also works more or less like this”, compared the Union lawyer.
“The public authorities, which are co-responsible for the protection and defense of the environment and its preservation, must use mechanisms that allow them to not hire people and companies that have seriously injured this essential asset to the lives of each and every one. of us, which is the environment”, concludes the Union lawyer.
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