Commission increases penalties for fuel sector offenses


Source: Portal of the Chamber of Deputies - DF - 15/10/2009

The Commission for Economic Development, Industry and Trade yesterday approved the substitute of rapporteur José Guimarães (PT-CE) to PL 4251/08, of the Senate, which provides for tougher sanctions for those who break rules of activities related to the oil industry and the supply of oil. fuels. The project punishes those who commit acts such as selling adulterated fuel and failing to comply with safety standards.

José Guimarães accepted the main measures foreseen in this project and in its annexes - PL 1509/07, by deputy Guilherme Campos (DEM-SP), and PL 5158/09, by the Senate.

Among them are:
- the increase (from up to 30 days to up to 60 days) in the term of the temporary suspension penalty;
- the need for only one recurrence (and not more than two) for the application of the temporary suspension; and
- the impediment, for 5 years, of the activities mentioned in the National Fuel Supply Law (Law 9.847 / 99) by the legal entity, its legal guardians and administrators punished with cancellation of registration and revocation of authorization.

According to Guimarães, despite the differences between the projects, their meaning is the same: to increase the cost of irregularity, by subjecting violators to tougher penalties.

Right of defense
Guimarães eliminated, in the substitute, the part that provided for the possibility of immediate application of a temporary suspension penalty in the case of any of the infractions dealt with in the project. This is because, according to him, it is necessary to comply with the constitutional principles of the presumption of innocence and the guarantee of ample defense.

He also did not accept to establish the revocation of authorization in the case of any of the related infractions - punishment today limited to those who repeat the breach of safety rules and adulteration of fuels. The rapporteur noted that, in this case, "the current legal standard already shows great rigor with those responsible".

The project is conclusive and will still be analyzed by the Mines and Energy commissions; and Constitution and Justice and Citizenship.

Entirety of the proposal:
- PL-4251/2008