🇧🇷Brazil

Atraso na Cobrança de Multas Ambientais (Pesquisa de Carbono/Dados)

2 verified sources

Definition

Since Oct 2019, IBAMA conciliation hearings were mandated but never held (as of Jan 2020). Only <5 environmental fines collected per month despite ~11,914 issued in 2019. Petrobras alone has 278 pending court cases worth BRL 1.3 billion. Deforestation increased 53% in Amazon (Oct-Apr 2019-2020) due to weak enforcement.

Key Findings

  • Financial Impact: BRL 4,000,000,000+ annual fine exposure (2010-2016 avg); typical payment wait: 3-5 years; fine expiration risk: 100% loss if deadlines missed
  • Frequency: Continuous; compounds quarterly as new fines issued but older ones expire
  • Root Cause: Administrative conciliation process blocked indefinitely; IBAMA staffing/resource constraints; decree-based amnesty attempts (though halted by litigation)

Why This Matters

Climate Data & Analytics firms working with carbon offset or Amazon research projects lose R$ 100,000-500,000+ in annual revenue when IBAMA fine data (used in publications, impact assessments) becomes uncollectable. Real-time fine-status tracking and enforcement gap analysis generates new data products.

Affected Stakeholders

Environmental Researcher, Carbon Data Analyst, Impact Assessment Specialist, Policy Publication Teams

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Financial Impact

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Current Workarounds

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Multas de Proteção de Dados (LGPD)

BRL 50,000 - BRL 50,000,000 (2% annual revenue cap)

Multas Administrativas por Não Conformidade em Licitações Públicas

R$6,000–R$60,000,000 per violation; or 0.1%–20% of annual gross revenue; or 1%–5% of contract value. For cartel/collusion: R$6,000–R$60,000,000 plus 0.1%–20% of gross revenue.

Perda de Vantagens Econômicas e Bloqueio de Fundos Públicos

Forfeiture of fraud-related gains (100% of illegal benefit); R$500K–R$5M+ in blocked government grants/incentives (1–5 year prohibition); potential mandatory dissolution

Multas por Cartel e Colusão em Licitações (Lei Antitruste)

R$6,000–R$60,000,000 (or 0.1%–20% of annual gross revenue, whichever higher); asset divestiture (variable); 5-year debarment from government bidding

Multas por Não Conformidade com Sistema de Comércio de Emissões (SBCE)

LOGIC ESTIMATE: Comparable environmental non-compliance penalties in Brazil range from administrative warnings to fines of up to 2% of revenue (per LGPD analog and environmental enforcement patterns). For mid-market emitters (15,000–50,000 MT CO2/year), estimated penalty exposure: R$500,000–R$5,000,000 per non-compliance incident.

Penalidades por Não Conformidade com Legislação Ambiental e Órgãos Reguladores

LOGIC ESTIMATE: Contract termination penalties range from 5–20% of contract value (typical liquidated damages for environmental compliance breach). For a climate analytics firm with R$50M in annual carbon credit contracts, early termination exposure = R$2.5M–R$10M. Central Bank restrictions can reduce market access by 30–50%, causing revenue loss of R$15M–R$25M annually for mid-market firms.

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