An environmental fine is not a final judgment. It is an administrative act, not a judicial decision. It is imposed by an environmental authority—such as IBAMA, ICMBio, or state and municipal agencies—based on a notice of violation.

Although it carries a presumption of legitimacy, it may be challenged. The cited party is entitled to due process and the right to a full defense and may:

• Submit an administrative defense (usually within up to 20 days);

• File hierarchical appeals within the same administrative authority.

If the penalty is upheld, it may still be challenged in court, before either the Federal or State Judiciary, as applicable.

The fine only becomes final after res judicata, once all administrative instances have been exhausted, when there is no longer the possibility of judicial review, or when the administrative penalty is confirmed by a final and unappealable judicial decision.

FFA operates in the field of Environmental Law, providing its clients with the necessary legal advice and consultancy.