Environmental Law

We have wide expertise on the diverse demands related to Environmental Law.

Our services include performance on administrative, civil and criminal spheres, both on preventive or advisory situations and on litigious or judicial ones. Such services are always conducted in line to requirements from representatives of Legislative and Executive Powers and from authorities related to environmental protection agencies from federal, state and municipal levels, as well as taking into account the position of opinion leaders.The offered services contemplate performance on administrative, civil and criminal spheres, both on preventive or advisory and litigious or judicial situations. In any case, it is conducted in consonance to opinion leaders, representatives from Legislative and Executive Powers, authorities related to environmental protection agencies from federal, state and municipal levels.


Importance of Environmental Law

Nowadays, issues related to sustainability and environment are in evidence in the worldwide agenda. Initially treated as a subject restricted to Government, activists and legal academic circles, environmental issues are more and more a part of daily life, with increasingly complex demands.

This fact impacts almost all relations in the corporate environment, as well as many civil law transactions. As a consequence, the importance of Environmental Law is continuously growing, assuming in many cases a key role in business decisions, given the strict nature of the legal framework on protection of natural resources in Brazil and the growing activity of environmental regulatory agencies.

As the solution of environmental questions involve sensitive aspects such as corporate image, criminal responsibility, relevant indemnification and risks of foreclosure or suspension of activities, it is mandatory to take into account all elements involved in an integrated approach.

Given our experience and expertise, we may offer a wide range of legal assistance on environmental matters, always with a fresh and individualized approach. Our services may be hired individually or by means of a full assistance.


Environmental Licensing

Legal assistance during the environmental licensing procedure of enterprises and activities with effective or potential impacts to the environment, including legal review and legal opinion on environmental studies and reports, legal support in public hearings, interface with environmental protection authorities, NGOs (non-governmental organizations) and other participants of the process.

Environmental licensing is defined as the administrative procedure by which the environmental licensing agency issues licenses for the location, installation, expanding and operation of enterprises and activities that use natural resources, are considered effective or potentially polluting or those that may cause environmental degradation.

The legislation foresees, in an exemplificative manner, activities subject to environmental licensing, including extraction and treatment of mineral, industries in general, civil works, activities of generation and transmission of electrical energy, water and wastewater treatment stations, treatment and destination of wastes, transportation, tourism, installment of land use, farming activities and natural resources use.

Diagnosis and Regularization

We offer service of due diligence on environmental and sanitary matters, including review on the applicable licenses for the regular operation and to prepare the Company to external audit and ISO 14000 certification. We also provide legal assistance for the regularization of identified liabilities is also available.

Regulatory in Sanitary Surveillance

The services offered in this area include due diligence, legal advice on permits and licenses issued by the various health and sanitary authorities, issuance of records of products (or dispensing from its issuance), technical and legal accountability aspects, in addition to legal advice in strategic design, development and review of contracts with distributors, among other topics of interest to those who plan to settle in Brazil, or are already settled but need to adapt procedures or check their compliance status with the authorities, or wish to expand their facilities or their business.

Contaminated Areas

We provide effective action related to Contaminated Areas, supplying legal advice and interface with environmental protection authorities (environmental agencies and District Attorney Office) and the other players directly or indirectly involved: entrepreneurs, neighbors, third-party ultimate pollution causers (such as former owners and lessees).

Pursuant to Environmental Ministry, contaminated area is the area, land, place, installation, building or improvement that presents quantities or concentrations of any substances or wastes in conditions that may cause or may cause damages to human healthy or environment.

The legislation requires the remediation of contaminated area according to guidelines and procedures established by laws, decrees and administrative resolutions. At the same time, the legal responsible for such areas become subject to imposition of sanctions and monitoring from other environmental authorities like the District Attorney office and the Police.

Assessment of Environmental Liabilities

Both from an environmental and regulatory point of view, due to its extensive experience in M&A (mergers and acquisitions) and real estate transactions, the analysis made during the due diligence performed by SERA Advogados is distinguished by the business valuation ability, in a broader view comprising both the entrepreneurial point of view and the context of each negotiation.

The due diligence performed before a transaction or even in a preventive form makes possible the mitigation of future legal risks.

Administrative and legal litigation

In case of administrative fines, including embargoes and seizures, as well as in lawsuits either in the passive or in the active pole, the Firm is able to defend the interests of the client in the least traumatic way.