of publication of the law instituting penalties for environmental
Imprensa Nacional - Brasília-DF
Sexta-feira, 13 de fevereiro de 1998
LEI Nº 9.605, de fevereiro de 1998
Dispõe sobre as sanções penais e administrativas
derivadas de condutas e atividades lesivas ao meio ambiente, e dá
O Presidente da República
Faço saber que o Congresso Nacional decreta e eu sanciono
a seguinte Lei:......
MAJOR POINTS OF INTEREST
ON PRODUCT CONFISCATION - ADMINISTRATIVE VIOLATION OR CRIME INSTRUMENT
Sec.25. Upon proven violation,
products shall be confiscated and the corresponding official report
shall be written.
§ 1º Animals shall
be freed in their habitat or taken up by zoos, foundations or similar
entities, provided they remain under certified technicians’
supervision and responsibility.
ON ENVIRONMENTAL CRIMES
On Crimes against Fauna
Sec.29. To kill, chase, hunt,
trap, capture, any wild fauna species whether native or in migratory
route, without permission, license or authorization from competent
authorities or in disagreement with such permission, license or
authorization. Penalty - six months to a year’s incarceration
§ 1º The same penalty
shall be applied to:
I. Whoever, without the corresponding
authorization or license, prevents wild fauna breeding;
II. whoever alters, damages or
destroys nests, shelters or natural breeding places;
III. whoever, without the corresponding
license or authorization, sells, displays for sale, exports or acquires,
keeps, keeps in captivity (whether in jails or other), uses or transports
eggs, larvae or specimens of wild fauna, either native or in migratory
route; and whoever will keep or sell products and objects originated
from wild fauna or from unauthorized breeding.
§ 2º- In case of non-endangered
wild fauna species being kept at home, the judge may waive the application
of penalty if circumstances will so justify.
§ 3º- Wild fauna species
are all the native, migratory or any other terrestrial or aerial
animal species developing part or all of their life cycle in Brazilian
territory or jurisdictional waters.
§ 4º- Penalty shall
be increased by half in case of environmental crimes committed:
I – against rare or endangered
species, even though this may be true only on the site of violation;
II – during prohibited
III – during the night;
IV – in excess or disregard
of license or authorization;
V – within the perimeter
of a conservation unit;
VI – with use of methods
or instruments capable of mass destruction;
§ 5 - Penalty shall be increased
up to three times when crimes are committed as a result of professional
§ 6º- The above provisions
shall not apply to fishing acts.
Sec. 30. Sending abroad amphibian and reptiles raw skins and hides,
without due authorization of competent environmental officials.
Penalty – one to three years’ incarceration plus fine.
Art. 31. Introducing animal
species into the country without any official technical approval
and due license from competent officials. Penalty – three
months to one year’s incarceration, plus fine.
Art. 32. To abuse, ill-treat,
injure or mutilate wild, native or exotic animals, companion animals
or pets. Penalty – three months to one year’s detention,
§ 1º- The same penalties
are applicable to whoever performs painful or cruel experiments
in live animals, regardless whether such actions are for didactic
or scientific purposes, whenever an alternative mean is available.
§ 2º- In case of death
of the animal, the penalty shall be increased from one sixth to
|Before the Environmental Law (Law 9605,
of 1998) was enacted, whoever was caught hunting or trafficking
wild animals had no bail rights. Incarceration was final, whether
it was a criminal act or someone hunting to feed his family
or himself. As the law was amended, penalties became lighter
– especially for those who benefit from trafficking.