THE ASSESSMENT OF ENVIRONMENTAL IMPACTS

An Environmental Impact Study (EIA) must be carried out, followed by an Environmental Impact Report (RIMA). This study must contain a diagnosis of the area of influence, analysis of the impact and its alternatives, proposal of measures to mitigate negative impacts, preparation of a follow-up program, and monitoring of positive and negative impacts, according to CONAMA Resolution 01/ 86 EIA RIMA.

For all agricultural activities there are legal risks of intervention in the environment. It is important to point out that according to article 14, I, paragraph 1, it is defined that:

“withoutpreventingtheapplicationofthepenaltiesprovidedforinthisarticle,the polluterisobliged,regardlessoftheexistenceoffault,toindemnifyandrepairthe damagecausedtotheenvironmentandtothirdparties,affectedbyhisactivity.”

Article 22 establishes that penalties for legal entities and individuals may vary.

Legal person: they can be fines, restrictions on rights and provision of services to the community.

Physical person: they may be partial or total suspension of activities, temporary interdiction of establishment, work or activity, or prohibition of contracting with the Government, or obtaining subsidy, grant or donation from it.

Obligation propter rem – Superior Court of Justice jurisprudence of 08/26/2013 establishes the responsibility of the current owner for the existing environmental damage in the area. In case of transfer of the rural property, the new owner assumes full responsibility for repairs. Therefore, the direct or indirect responsibility is attributed to the owner of the land for compensation and repair of the damage caused. The acquisition of land with irregularities before the environmental agencies is transferred to the landowner, even if it is prior to his possession.