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Environmental

Banks may respond for environmental damage

06/08/2017

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

President vetoes an article that exempted financial institutions and governmental entities from liability in environmental damages.

Tuesday, 06 June 2017 19:00

 

Environment Minister Sarney Filho on Tuesday (06/06) in Brasilia stressed the importance of the veto of the President of the Republic, Michel Temer, to Article 35 of Provisional Measure No. 752 of 2016, published in the Official Gazette Of the Union. With the measure, companies supervised by the Central Bank and governmental development entities continue as co-responsible for environmental damages.

If the article had been approved, these companies were obliged to respond for environmental damage in partnership contracts only after proven guilty or negligence. According to the Ibama technical area, environmental law does not enter into considerations of fraud or guilt. Only the link between action, omission, and damage occurs. This has occurred in Brazil since 1981 and is one of the foundations of Brazilian environmental legislation.

In order to withdraw the device, President Michel Temer consulted with the Attorney General of the Union. According to the justification for the veto, the section presents a formal unconstitutionality, since it has no relation to the initial object of the Provisional Measure.

Social Communication Assistance (Ascom / MMA): (61) 2028-1227

 

Source: Ministry of Environment

To access the Ministry of the Environment website, click here.

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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