Prescrição no processo administrativo ambiental e os efeitos no termo de embargo

Abstract

This scientific article aims to demonstrate how prescription is governed in administrative proceedings for damage to the environment, Law No. 9,873/99 and Decree No. 6,514/08 govern prescription at the federal level. Anyone who commits damage to the environment will be liable for triple civil, criminal and administrative liability. specifically with regard to the environmental administrative process, this must observe the rules of the procedure, as well as the statute of limitations that are subject to the public administration in its performance, whether through the statute of limitations itself or five years, analyzing what are the effects of the statute of limitations administrative process in relation to the term of embargo. The present theme is little attacked by the doctrine and there is no peaceful position in the jurisprudence on that subject. Environmental law is a branch of third generation law, and its protection is a duty of the public power and of the entire community, as established in article 225 of the Federal Constitution, in the administrative process there must be due legal process, respecting the principles and legal norms so that penalties are applied to anyone who causes environmental damage.