According to report from Folha de S.Paulo(🚥), an opinion from the Federal Attorney's Office at Ibama, dated the 27th, informs that the authority responsible for judging appeals has been declaring the prescription of fines as it understands that certain orders in the processes do not interrupt the counting of prescription deadlines.
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A criminal prescription happens when the State can no longer punish certain criminal conduct. This happens because there is a deadline to apply this punishment. When this deadline is not met, prescription occurs, that is, the State loses this right.
Ibama may, in accordance with normative guidance from the Federal Attorney's Office, prevent the prescription of fines by interrupting the statute of limitations due to the orders. However, the organization's administration has done the opposite of this.
By deciding not to follow the guidance, Ibama allows those who committed environmental crimes to stop paying the fines, now prescribed.
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Judging an appeal at Ibama is the responsibility of the president of the organization, a position occupied by Eduardo Fortunato Bim – placed there by the former Minister of the Environment, Ricardo Salles (PL) – the one who ordered “the cattle to be passed”, during the pandemic of Covid-19.
Ibama defends itself, stating that “it follows the recently updated jurisprudence of the TRFs of the 1st, 3rd, 4th and 5th regions, as well as that of the STJ (Superior Court of Justice), regarding the topic in question”, it said in a note.
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