Civil, Inspections

The Court of Auditors is asked to declare the invalidity of Resolution 546/04 of 25/VII/04 emitted by the Secretariat of Environment. The resolution sanctioned the petitioners with a fine because they were running a factory of bricks without having a previous Environmental License to perform these types of activities.

The plaintiffs argue that the resolution does not contain any argumentation or explanation about the cause of the fine. Therefore, they claim that the act is not motivated and completely irrational. They also argue that the resolution does not explain how their activity affects the environment. Furthermore, the resolution does not contain the formulae that the authority used to calculate the fine. Finally, they argue that, during the process, they were not assisted at any time by a defending counsel.

The court does not accept the request and confirms the resolution. The judgement establishes that the resolution was motivated by an inspection in which the Secretariat of Environment verified that the activity was functioning with no Environmental License. In accordance with the environmental legislation this types of activities must have a previous Environmental License and, consequently, it is adequate to sanction the plaintiffs with the imposed fine.