🇧🇷Brazil

Obrigação de Reparação de Danos Ambientais (Responsabilidade Civil Solidária)

1 verified sources

Definition

Article 14 of Lei 6.938/1981 and Lei 9.605/1998 impose strict civil liability on polluters and current property owners for environmental damage. Remediation is mandatory and prioritizes full recovery to original condition; compensation is accepted only if recovery is impossible. Costs are unlimited and often exceed administrative fines by orders of magnitude. Liability transmits with property title (propter rem).

Key Findings

  • Financial Impact: Soil remediation: R$1,000,000–R$50,000,000+ depending on contamination area and depth; groundwater remediation: R$2,000,000–R$100,000,000+; aquifer protection: R$5,000,000–R$500,000,000+; liability persists indefinitely until remediated; property becomes unmarketable until liability is discharged.
  • Frequency: Per contamination event; liability accrues across decades if manifest-tracked waste was improperly disposed decades ago.
  • Root Cause: Manifest tracking defects allow hazardous waste to reach unauthorized disposal sites; contamination is discovered years later during property due diligence or environmental audit; current owner/operator inherits liability even if they did not cause original violation.

Why This Matters

The Pitch: Environmental services operators in Brasil 🇧🇷 accumulate open-ended remediation liabilities when manifest tracking fails. Soil remediation costs R$1M–R$50M+ depending on contamination severity. Automated manifest verification and real-time regulatory synchronization eliminates liability exposure by ensuring zero non-compliant waste disposals.

Affected Stakeholders

Finance/Treasury, Risk Management, Environmental Engineering, Property Owners

Deep Analysis (Premium)

Financial Impact

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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 Administrativas por Violação de Conformidade Ambiental

R$50,000,000 (maximum fine for soil contamination/first-time hazardous waste handling violations); partial or total activity suspension causing operational halt; additional civil liability for remediation costs (often exceeding initial fine by 3-5x).

Multas Não Pagas e Expiração do Prazo de Cobrança

Average unpaid fine per violation: R$500,000–R$5,000,000 (varies by waste type and damage severity); legal defense costs for contested fines: R$50,000–R$200,000 per case; opportunity cost of tied-up cash during multi-year appeals.

Suspensão de Atividades e Embargo de Equipamentos

Daily revenue loss during embargo: R$100,000–R$500,000+ per day (varies by company size); lost contracts due to inability to service clients during suspension; equipment seizure and storage costs: R$50,000–R$300,000; restoration/relicensing costs: R$200,000–R$1,000,000+.

Responsabilidade Criminal Pessoal dos Gestores

Personal imprisonment: 1–6 years (indirect cost: lost income, legal defense); criminal fines: R$500,000–R$10,000,000+ per individual; legal defense costs: R$300,000–R$1,000,000+.

Multas por Não Conformidade com Licenciamento Ambiental

Estimated: R$ 50,000–500,000+ per non-compliance incident (fines) + remediation costs (unquantified in search results); project suspension costs vary by sector.

Custos de Remediação Ambiental por Danos Não Previstos

Estimated: R$ 100,000–2,000,000+ per remediation order (varies by damage scale and environmental asset affected); civil liability claims unquantified

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