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I.  Introduction

This report provides the constitutional principles that grant to the Brazilian people a right to an ecologically balanced environment, establish the government’s duty to supervise the activities that may cause damage to the environment, and dictate that violators must be punished.  The report lists the numerous laws and regulations that govern damages to the environment, oil spills, breach of concession contracts, and operational safety rules for the drilling and production of oil and natural gas and describes the roles of the agencies involved with such activities.

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II.  Oil Spill Liability

 A.  Constitutional Principle

The Brazilian Constitution of 1988 declares that everyone has the right to an ecologically balanced environment, which is a public good for the people’s use and is essential for a healthy life.[1]  It further determines that the government and the community have a duty to defend and preserve the environment for present and future generations.[2] 

To this end, it is the responsibility of the government to, among other things, require a prior environmental impact study as provided by law, which must be made public, for the installation of works or activities that may cause significant degradation of the environment;[3] and to control the production, commercialization, and employment of techniques, methods, and substances that carry a risk to life, the quality of life, and the environment.[4] 

Behaviors and activities considered harmful to the environment must subject violators, individuals or legal entities, to criminal and administrative sanctions, irrespective of the obligation to repair the damages caused.[5]

B.  Environmental Protection

Without prejudice to the penalties established by federal, state and municipal laws, failure to comply with measures necessary to preserve or correct inconveniences and damages caused by the degradation of environmental quality subjects violators[6] to fines;[7] loss or restriction of tax incentives and benefits;[8] loss or suspension of official financing,[9] or suspension of the violator’s activities.[10] 

As for civil liability, independently of being found guilty and without prejudice to the application of the penalties provided for in Article 14 of Law No. 6,938 of August 31, 1981, a violator is obligated to compensate or repair the damage to the environment and third parties affected by his activities.[11] Article 14 does not provide any limitation on compensation.

The violator who exposes to danger human, animal, or plant safety, or makes more serious an existing hazardous situation, may be subject to one to three years in prison and a fine.[12]  The punishment is doubled if, as a result of the violation, irreversible damage to the fauna, flora, or the environment[13] or serious bodily injury[14] is caused.  The same criminal liability is incurred by the competent authority who does not enforce the measures to prevent the commission of the conduct described in Article 15 of Law No. 6,938.[15]

On July 22, 2008, Decree No. 6,514[16] was enacted establishing the conduct that is considered an infraction against the environment and the pertinent administrative sanctions imposed for such conduct.[17]  Article 61 of Decree No. 6,514 punishes with a fine whoever causes pollution of any kind at such levels that results or may result in harm to human health or causes the death of animals or significant destruction of biodiversity.

C.  Criminal Liability

On February 12, 1998, the government issued Law No. 9,605 defining the crimes against the environment; the punishment for such crimes, which can be in the form of incarceration for a certain period of time and the payment of a fine, or the payment of a fine only; and the necessary procedures to be followed for the application of the law.[18] 

To cause pollution of any kind at such levels that results or may result in harm to human health, or cause the death of animals or significant destruction of flora is punished with one to four years in prison and a fine.[19] 

A violator may be punished with one to five years in prison if the crime makes an area, urban or rural, unfit for human occupation;[20] causes air pollution, which results in the removal, even briefly, of the inhabitants of the affected areas, or which causes direct harm to public health;[21] causes water pollution that makes it necessary to interrupt the public water supply of a community;[22] obstructs or impedes the public use of beaches;[23] or occurs due to the release of solid, liquid, or gaseous residues or debris, oil, or oily substances, in violation of the requirements established in laws or regulations.[24]

The same punishment established in Article 54(§2) of Law No. 9,605 of February 12, 1998, applies to whoever fails to adopt, when so required by the competent authority, precautions against any risk of serious or irreversible environmental damage.[25]

In cases involving crimes against the environment, several provisions of the Brazilian Penal Code,[26] as well as the procedures determined by the Code of Criminal Procedure,[27] are also applicable.

D.  Prevention, Control, and Inspection

Law No. 9,966 of April 28, 2000, provides for the prevention, control and monitoring of pollution caused by the release of oil and other harmful or dangerous substances in waters under national jurisdiction.[28]  In addition, Law No. 9,966 establishes the basic principles to be followed when handling oil and other harmful or dangerous substances at organized ports, port facilities, platforms and vessels in waters under Brazilian jurisdiction.[29]  Law No. 9,966 defines, inter alia, that the maritime authority is exercised directly by the Navy Commander, who is responsible for the protection of human life and the safety of navigation on open sea and inland waterways as well as the prevention of environmental pollution caused by ships, platforms and their supporting facilities.[30]

Article 5 of Law No. 9,966 determines that every organized port, port facility and platform, as well as their supporting facilities, must have facilities or adequate means for the receipt and processing of various types of residue and for the combat of pollution. The ports, platforms and facilities must observe the rules and criteria established by the competent environmental agency.[31]

Operators of organized ports and port facilities and owners or operators of platforms must establish an internal procedures manual for managing the risks of pollution and the various residues generated or originated from the handling and storage of oil and harmful or dangerous substances, which must be approved by the competent environmental authority in accordance with the laws, rules and technical guidelines in force.[32]

The organized ports, port facilities, platforms, as well as their supporting facilities, must have Individual Emergency Plans[33] to combat pollution caused by oil and hazardous and harmful substances, which must be submitted to the competent environmental agency for approval.[34]

Any incident that occurs in organized ports, port facilities, pipelines, ships, platforms, and their supporting facilities, which might cause pollution of waters under national jurisdiction, must be immediately reported to the competent environmental authority, the Harbor Authority (Capitania dos Portos) and the oil industry regulator, regardless of the measures taken for its control.[35] 

Failure to comply with the provisions of Articles 5, 6 and 7 of Law No. 9,966 subjects the violator to a daily fine[36] and the noncompliance with the provisions established in Article 22 subjects the violator to a fine.[37]

The Maritime Authority,[38] the federal agency for the environment,[39] the state agency of the environment,[40] the municipal agency for the environment,[41] and the regulatory agency of the petroleum industry[42] are the entities responsible for the fulfillment of Law No, 9,966.

The specification of penalties for violations of rules on the prevention, control, and monitoring of pollution caused by the dumping of oil and other harmful or dangerous substances in waters under national jurisdiction, as provided for in Law 9,966 of April 28, 2000, are provided by Decree No. 4,136 of February 20, 2002,[43] and Decree No. 4,871, of November 6, 2003, provides for the establishment of Area Plans for combating oil pollution in waters under national jurisdiction.[44]

E.  Breach of Concession Contract

On August 12, 2003, the National Agency of Petroleum (ANP – Agência Nacional do Petróleo, Gás Natural e Biocombustíveis) issued Administrative Act (Portaria) No. 234, which approved the regulation defining the procedures for imposing penalties (RPIP - Regulamento de Procedimento de Imposição de Penalidades) applicable to violators of the provisions and terms of concession contracts for the exploration of oil, bidding invitations (edital de licitação) and applicable laws.[45]

Article 2 of Administrative Act No. 234 defines the administrative sanctions imposed for a breach of obligations contained in a concession contract, which do not preclude the application of criminal and civil sanctions.[46]

Failure to notify ANP, in the given period of time, of the occurrence of any event arising from the exercise of the activities described on RPIP, which has led to damage to public health, to third parties or the environment, including loss or spillage of oil or natural gas, indicating the causes of their origin, as well as the measures taken to remedy or reduce their impact, in accordance with applicable law is punishable with a fine of R$500.000 (approximately US$278,000).[47]

The entity responsible for any event arising from the exercise of the activities covered on RPIP, which leads to damage to public health, to third parties, or the environment, including loss or spillage of oil or natural gas, is punished with a fine of R$1.000.000 (approximately US$556,000).[48]

The penalty in case of breach of any obligation that is not corrected by the holder of the concession within the time specified by a notification issued by ANP is termination of the concession contract.[49]  Once the concession contracted is terminated, those responsible for the entity or entities that signed the concession contract will be barred for five years from exercising any activities covered by RPIP.[50]

RPIP defines as the competent authorities to draw up contract breach orders (autos de infração) and to prosecute the breach of contract administratively, employees of ANP or of participating organisms designated by ANP to carry out inspection activities.[51]

Contract breaches go through an administrative process that determines the nature of the violation and the penalty, and guarantees the right to a full defense, according to an administrative procedure as established in Decree No. 2,953 of January 28, 1999.[52]

F.  Operational Security

On May 31, 2000, the National Agency of Petroleum (ANP) issued the Administrative Act (Portaria) No. 90, which approved the Technical Regulation of the Development Plan (Regulamento Técnico do Plano de Desenvolvimento).[53]  The Technical Regulation defines the content and establishes the procedures on how to present the Development Plan for the oil and natural gas fields, as established in article 44(IV) of Law No. 9,478 of August 6, 1997.

Article 2 of the Act makes it mandatory that, within the time limit established in the concession contract, the concession holder presents to ANP a Development Plan.  In the area of operational security, section 1.3 of the Technical Regulation, determines that the development proposed for each field of oil or natural gas must meet the following basic principles, which are mandatory for approval of the Development Plan:

  • a) Ensure the conservation of petroleum resources, which means the efficient recovery of oil in existing oil fields, and control the decline of the reserves and minimize losses on the surface;
  • b) Ensure operational safety requiring the use of norms and procedures related to occupational safety and the prevention of operational accidents;
  • c) Ensure environmental preservation, which implies the use of processes that minimize the impact of operations on the environment.

            According to Mr. Heller Redo Barroso, a Brazilian attorney who is an expert on petroleum regulation:

Under [the] Brazilian regulatory framework, Concessionaires [Franchisees] must, before starting oil field development activities, submit a Development Plan to ANP’s approval.  Regulated under Portaria [Ordinance] 90 of 2000, the Development Plan encompasses several aspects of an oil field development, identified by a given technical depth, including field production system installation activities and production per se, and information on production pace and the like.

. . .

[W]e understand that, based on “assurances/warranties of operational security and safety and prevention of operational accidents” ANP may dismiss Development Plans that do not have subsea projects that meet the required operational safety and security standards … [T]he regulation allowed ANP to reject a development plan that lacks equipment designed for maximum safety and security.

. . .

There has been a heated debate about the possibility of legislation to impose specific safety and security requirements.  [However,] such regulations would not be in line with the dynamics of the oil and gas industry, [which are] always subject to technological developments.  Therefore, refusal of a development plan seems a more effective way to enforce such preventive control.[54]


On December 06, 2007, ANP issued Administrative Act (Resolução) No. 43, which created the Operational Safety Rules for Drilling and Production Facilities of Oil and Natural Gas (Regime de Segurança Operacional para as Instalações de Perfuração e Produção de Petróleo e Gás Natural).[55]  The rules consist of the regulatory framework established by ANP to ensure operational safety, considering the responsibilities of the concession holder and the functions of ANP in the conduct of drilling and production activities of oil and natural gas.[56]

The Act also approved the Technical Regulation for the Management System of Operational Safety of Drilling and Production Facilities of Oil and Natural Gas (SGSO – Regulamento Técnico do Sistema de Gerenciamento da Segurança Operacional para as Instalações de Perfuração e Produção de Petróleo e Gás Natural).[57]

SGSO’s objective is to establish the requirements and guidelines for the implementation and operation of a Management System of Operational Safety, aimed at the operational safety of offshore drilling and production facilities of oil and natural gas, in order to protect human life and the environment through the adoption of seventeen management practices.[58]

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III.  Regulatory Distinctions Between Shallow Water and Deep Water

The petroleum industry is regulated by Law No. 9,478 of August 6, 1997 (Petroleum Law), without distinctions regarding exploration of petroleum in shallow or deep waters.[59]  However, recent discoveries of petroleum in deep waters located on the Brazilian coast led the government to propose new regulations for this type of exploration.  

According to the proposal, the new law will regulate the exploration and production of petroleum, natural gas, and other hydrocarbons in pre-salt areas[60] and in strategic areas, and amends Law No. 9,478.[61]

On March 10, 2010, the proposal was voted on and approved by the Chamber of Deputies and on March 17, 2010, the proposal was forwarded to the Federal Senate, where it is being discussed.

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IV.  Regulatory Agencies

A.  Petrobrás

In Brazil, petroleum, natural gas, and other fluid hydrocarbons belong to the federal government,[62] which retains the monopoly to the exploration and production of petroleum[63] through its state company, Petrobrás.[64]  Law No. 2,004 created Petrobrás in October 3, 1953, with the objective of executing, on behalf of the federal government, the activities of the oil sector in Brazil.[65]  

B.  National Agency of Petroleum

In 1997, Law No. 9,478 of August 6, 1997, opened the activities of the Brazilian oil industry to private initiative and created the National Petroleum Agency (Agência Nacional de Petróleo, Gás Natural e Biocombustíveis - ANP), a federal autarchy subordinated to the Ministry of Mines and Energy responsible for the regulation, making of contracts, and inspection of the economic activities of the petroleum industry in Brazil.[66]  Decree No. 2.455 of January 14, 1998, further regulates ANP.[67]

Aligned with Constitutional principles that call for the protection of the environment, on August 2, 2004, ANP issued Administrative Act (Portaria) No. 160,[68] which approved ANP’s bylaws and created CMA (CMA - Coordenadoria de Meio Ambiente), an administrative unit subordinated to ANP’s Superintendence of Planning, Research and Statistics (SPP – Superintendência de Planejamento, Pesquisa e Estatística)[69] responsible for coordinating the actions involving environmental aspects and operational security that are directly related to ANP’s actions.[70]

C.  National Council of the Environment 

In 1990, Law No. 8,028[71] amended Law No. 6,938 of August 31, 1981,[72] to conform it to the Brazilian Constitution of 1988.  Article 1 of Law No. 6,938 established the National Environmental Policy (Política Nacional de Meio Ambiente) and the National System of the Environment (SISNAMA – Sistema Nacional do Meio Ambiente), and created the National Council of the Environment (CONAMA - Conselho Nacional do Meio Ambiente).[73]

The objective of the National Environmental Policy is the preservation, improvement, and recuperation of environmental qualities proper to life, and to guarantee the necessary conditions for the social and economic development of the country, its national security interests, and the protection of the dignity of human life, in accordance with the principles listed in the law.[74]

The National System of the Environment is composed of agencies and entities of the federal government (União), States, Federal District, Territories, and Municipalities, as well as the foundations created by the government (Poder Público), which are responsible for the protection and improvement of environmental quality.[75] 

The purpose of the National Council of the Environment is to advise, study, and propose to the Council of Government (Conselho de Governo)[76] directives for government policies for the environment and natural resources,[77] and to establish, according to the proposals made by the Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA – Instituto Brasileito do Meio Ambiente e dos Recursos Naturais Renováveis), norms and criteria for the licensing of activities offering effective or potential risk of polluting the environment, to be issued by the federal government (União), States, Federal District, and Municipalities under the supervision of the Institute.[78]

Law No. 6,938 is regulated by Decree No. 99,274 of June 6, 1990, which further details the execution of the National Environmental Policy,[79] the organizational structure of the National System of the Environment,[80] and the composition[81] and competency of the National Council of the Environment.[82]

D.  Brazilian Institute of the Environment and Renewable Natural Resources

The Brazilian Institute of the Environment and Renewable Natural Resources was created by Law No. 7.735 of February 22, 1989, as modified by Law No. 11.516 of August 28, 2007,[83] as a federal agency subordinated to the Ministry of Environment, for the purpose of exercising the environmental police power;[84] executing actions in connection with the national policies for the environment that are related to the federal powers regarding environmental licensing, environmental quality control, authorization for the use of natural resources, and the inspection, monitoring, and control of the environment, in accordance with the directives issued by the Ministry of the Environment.[85]  The agency also performs supplementary government actions within the government’s federal jurisdiction in compliance with the environmental laws in force.[86]

E.  Navy

The navigation safety on waters under national jurisdiction is governed by Law No, 9,537 of December 11, 1997.[87]  Article 3 determines that it is for the maritime authority[88] to promote the implementation and enforcement of Law No. 9,537, in order to ensure the safety of life and the safety of navigation on open sea and inland waterways, and the prevention of environmental pollution caused by vessels, platforms or their supporting facilities.

The duties of the maritime authority include,[89] among other things, to determine the equipment and supplies that must be approved for use on board ships and platforms, and establish requirements for approval;[90] establish a minimum allocation of safety equipment for vessels and platforms;[91] establish the requirements concerning safety and livability and to prevent pollution by vessels, platforms, or their supporting facilities;[92] and to perform surveys, directly or through delegation to specialized agencies.[93]

Administrative Act (Portaria) No. 19 of November 22, 2002, issued by the Director-General of the Directorate of Ports and Coasts (Diretoria de Portos e Costas) further determines that it is the competence of the Directorate to contribute to the prevention of pollution by vessels, platforms and their supporting stations.[94]  To achieve its purposes, it is the duty of the Directorate to establish safety and livability requirements and for the prevention of pollution caused by vessels, platforms or their supporting facilities.[95]  Norm No. 7 of the Maritime Authority determines that it is the competence of the Director of the Ports and Coasts, as the representative of the Maritime Authority for the environment, to coordinate the actions arising from the application of environmental legislation by the Maritime Authority agents.[96]

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Prepared by Eduardo Soares
Senior Foreign Law Specialist
June 2010


[1] Constituição da República Federativa do Brasil de 1988 [C.F.] art. 225, available at the website of the Brazilian Presidency, http://www.planalto.gov.br/ccivil_03/Constitu icao/Constituiçao.htm.

[2] Id.

[3] Id. art. 225(§1)(IV).

[4] Id. art. 225(§1)(V).

[5] Id. art. 225(§3).

[6] Lei No. 6.938, de 31 de Agosto de 1981, art. 14, https://www.planalto.gov.br/ccivil_03/leis/L6938 compilada.htm.

[7] Id. art. 14(I).

[8] Id. at (II).

[9] Id. at (III).

[10] Id. at (IV).

[11] Id. art. 14(§1).

[12] Id. art. 15.

[13] Id. art. 15(§1)(I)(a).

[14] Id. art. 15(§1)(I)(b).

[15] Id. art. 15(§2).

[16] Decreto No. 6.514, de 22 de Julho de 2008, available at the website of the Brazilian Presidency, http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Decreto/D6514.htm#art153.

[17] Decree No. 6.514 revoked Decree No. 3.179 of September 21, 1999, which specified the administrative sanctions applicable to conduct considered to be an infraction to the environment.

[18] Lei No. 9.605, de 12 de Fevereiro de 1998, available at the website of the Brazilian Presidency, http://www.planalto.gov.br/ccivil_03/Leis/L9605.htm.

[19] Id. art. 54.

[20] Id. art. 54(§2)(I).

[21] Id. at (II).

[22] Id. at (III).

[23] Id. at (IV).

[24] Id. at (V).

[25] Id. art. 54(§3).

[26] Código Penal, Decreto-Lei No. 2.848, de 7 de Dezembro de 1940, available at the website of the Brazilian Presidency, http://www.planalto.gov.br/ccivil_03/Decreto-Lei/Del2848.htm.

[27] Código de Processo Penal, Decreto-Lei No. 3.689, de 3 de Outubro de 1941, available at the website of the Brazilian Presidency, http://www.planalto.gov.br/ccivil_03/Decreto-Lei/Del3689.htm.

[28] Lei No. 9.966, de 28 de Abril de 2000, http://www.planalto.gov.br/ccivil_03/Leis/L9966.htm.

[29] Id. art. 1.

[30] Id. art. 2(XXII).

[31] Id. art. 5.

[32] Id. art. 6.

[33] Administrative Act No. 398 of June 11, 2008 (Resolução CONAMA No. 398, de 11 de Junho de 2008) issued by the National Council of Environment (CONAMA – Conselho Nacional do Meio Ambiente) provides for the minimum content of the Individual Emergency Plan for oil pollution incidents in waters under national jurisdiction, originated in organized ports, port facilities, terminals, pipelines, land rigs, platforms and their support facilities, refineries, shipyards, marinas, yacht clubs and similar facilities, and guides its development.  Resolução CONAMA No. 398, de 11 de Junho de 2008 is available at http://nxt.anp.gov.br/NXT/gateway.dll/leg/folder_resolucoes/ resolucoes_conama/2008/rconama%20398%20-%202008.xml.

[34] Lei No. 9.966 art. 7.

[35] Id. art. 22.

[36] Id. art. 25(I).

[37] Id. art. 25(II).

[38] Id. art. 27(I).

[39] Id. art. 27(II).

[40] Id. art. 27(III).

[41] Id. art. 27(IV).

[42] Id. art. 27(V).

[43] Decreto No. 4.136, de 20 de Fevereiro de 2002, http://www.planalto.gov.br/ccivil_03/decreto/2002/ D4136.htm.

[44] Decreto No. 4,871, de 6 de Novembro de 2003, http://www.planalto.gov.br/ccivil_03/decreto/2003/ D4871.htm.

[45] Portaria ANP No. 234, de 12 de Agosto de 2003, art. 1, available at the website of the National Agency of Petroleum, http://nxt.anp.gov.br/NXT/gateway.dll/leg/folder_portarias_anp/portarias_anp_tec/2003/agosto/ panp%20234%20-%202003.xml.

[46] Portaria ANP No. 234, de 12 de Agosto de 2003, Regulamento de Procedimento de Imposição de Penalidades, art. 2, http://nxt.anp.gov.br/NXT/gateway.dll/leg/folder_portarias_anp/portarias_anp_tec/2003/agosto/ panp%20234%20-%202003.xml.

[47] Id. art. 5(XVIII).

[48] Id. art. 5(XIX).

[49] Id. art. 10.

[50] Id. § 2.

[51] Id. art. 15.

[52] Id. art. 16.

[54] Email from Mr. Heller Redo Barroso, a Brazilian attorney who is the Head of Heller Redo Barroso Advogados, a law firm dedicated, inter alia, to the petroleum and natural gas industry (June 21, 2010) (on file with author), following a telephone interview with Mr. Marcos Macedo, who is associated with the company.

[56] Id. art. 1(§1).

[57] Id. art. 2.

[58] Regulamento Técnico do Sistema de Gerenciamento da Segurança Operacional das Instalações Marítimas de Perfuração e Produção de Petróleo e Gás Natural, http://nxt.anp.gov.br/NXT/gateway. dll/leg/resolucoes_anp/2007/dezembro/ranp%2043%20-%202007.xml.

[59] Lei No. 9,478 de 6 de Agosto de 1997, http://www.planalto.gov.br/ccivil_03/Leis/L9478.htm.

[60] The term pre-salt refers to a group of rocks located in the marine portions of most of the Brazilian coast, with potential for the generation and accumulation of petroleum. It was conventionally called pre-salt because it forms a range of rocks that stretches under an extensive layer of salt, which in some areas of the coast reaches a thickness of up to 2,000 meters. The term pre is used because, over time, these rocks have been deposited before the layer of salt. The total depth of these rocks, which is the distance between the sea surface and oil reservoirs beneath the salt layer, can reach over 7,000 meters, Petrobrás/Pré-sal, O que é o pré-sal?, http://www2.petrobras. com.br/presal/perguntas-respostas/.

[61] Projeto de Lei da Câmara dos Deputados No. 5.938-A de 2009, Redação Final, art. 1, available at the website of the Chamber of Deputies, http://www.camara.gov.br/sileg/integras/744347.pdf.  

[62] Lei No. 9,478, de 6 de Agosto de 1997, art. 3, http://www.planalto.gov.br/ccivil_03/Leis/L9478.htm.

[63] C.F. art. 177.

[65] Lei No. 2004, de 3 de Outubro de 1953, art. 5, http://www.planalto.gov.br/ccivil_03/Leis/L2004.htm.  On August 6, 1997, Article 83 of Law No. 9,478 revoked Law No. 2004 of October 3, 1953.

[66] Lei No. 9,478 arts. 7, 8.

[67] Decreto No. 2.455, de 14 de Janeiro de 1998, http://www.planalto.gov.br/ccivil_03/decreto/D2455.htm.

[69] Id. art. 2(7).

[71] Lei No. 8.028, de 12 de Abril de 1990, http://www. planalto.gov.br/ccivil_03/Leis/L8028.htm.

[72] Lei No. 6.938, de 31 de Agosto de 1981, http://www.planalto.gov.br/ccivil_03/Leis/L6938.htm.

[73] Id. art. 6(II).

[74] Id. art. 2.

[75] Id. art. 6.

[76] The Council of Government is defined by Article 6(I) of Law No. 6,938 of August 31, 1981, as modified by Law No. 8,028 of April 12, 1990, as a superior agency, which is part of the National System of the Environment, with the function of advising the President of the Republic on the preparation of national policies for the environment and environmental resources.

[77] Id. art. 6(II).

[78] Decreto No. 99.274, de 6 de Junho de 1990, art. 7(I), http://www.planalto.gov.br/ccivil_03/decreto/ Antigos/D99274.htm.

[79] Id. art. 1.

[80] Id. art. 3.

[81] Id. art. 4.

[82] Id. art. 7.

[83] Lei No. 7.735, de 22 de Fevereiro de 1989, art. 2, http://www.planalto.gov.br/ccivil_03/LEIS/ L7735.htm#art2.

[84] Id. art. 2(I).

[85] Id. art. 2(II).

[86] Id. art. 2(III).

[87] Lei No. 9.537, de 11 de Dezembro de 1997, art. 1, https://www.planalto.gov.br/ccivil_03/leis/l9537.htm.

[88] Article 22(XXII) of Law No. 9,966 of April 28, 2000, defines, inter alia, that the maritime authority is exercised directly by the Navy Commander, who is responsible for the protection of human life and the safety of navigation on open sea and inland waterways as well as the prevention of environmental pollution caused by ships, platforms and their supporting facilities.

[89] Lei No. 9.537, art. 4.

[90] Id. art. 4(IV).

[91] Id. at V.

[92] Id. at VII.

[93] Id. at X.

[94] Portaria No. 19, de 22 de Novembro de 2002, art. 2(III), available at the website of the Directorate of Ports and Coasts, https://www.dpc.mar.mil.br/info_dpc/missao.htm.

[95] Id. art. 3(VII).

[96] Norma da Autoridade Marítima No. 7, Capítulo 4, Seção 0403, Letra c, https://www.dpc.mar. mil.br/normam/N_07/N7_CAP4.pdf.

[41] Id.

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Last Updated: 02/18/2014