On September 3, the Brazilian Institute of the Environment and Renewable Natural Resources (Ibama) published Ibama Ordinance 128/25, which establishes the Action Plan for the Effectiveness of Extrajudicial Protests of Environmental Fines.

The measure represents an important update in the extrajudicial collection system of environmental sanctions. The aim is to standardize procedures and enhance the efficiency of the competent agency, so that debts arising from environmental sanctions are effectively settled.

Clear disclosure of the guidelines and results of the action plan will allow citizens and companies to better understand the collection criteria and the consequences of their actions.

Before the issuance of the rule, there were operational gaps and inconsistencies in the collection processes, which are now supported by actions provided for in the plan.

With the guidelines established by the ordinance, it is incumbent on the Sanctions Monitoring Coordination^[1] to foster the periodic monitoring of actions, through the preparation of progress reports and the realization of monitoring meetings, in conjunction with the responsible sectors.

Annex I of the ordinance establishes the so-called "structured actions", which are initiatives aimed at improving the procedural process, correcting inconsistencies in internal systems and document standardization. Among them, the following actions deserve special attention:

• Establishment of goals with the National Center for the Environmental Sanctioning Process (Cenpsa) for the completion of infraction notice processes. The goal is to accelerate the payment schedule and enable processes to advance to the extrajudicial collection phase – which will be done through joint goals and the submission of retroactive monthly reports.
• Definition of goals for condemnatory decisions, based on statistical data of decisions rendered in the first instance, appeal and revision, aiming at more efficient planning and the issuance of monthly reports.
• Correction of errors in the debt history, through auditing of the entries, with subsequent correction and inclusion of the topic in the training of the servers, to ensure higher accuracy in collections.
• Remediation of procedural liabilities with decisions pending notification, with screening, consultation of addresses, notification and movement of processes, to reduce impoundments and increase the effectiveness of collection.
• Standardization of the documents of the instruction and judgment rite, with the implementation of documentary standards in the Electronic Information System (SEI) and institutional communication, to promote national uniformity and facilitate processes automation and control.

These actions are structured and follow the 5W2H methodology.^[2] The measures to be taken should define what will be done, the motivation, the formatting and the cost.

For companies, the new regulation requires extra attention to the tenure of environmental liabilities. The public exposure of defaulters, combined with the integration of collection systems and the standardization of procedures, can generate significant reputational and financial impacts, especially in the context of bidding, financing, and contracts with the public authorities.

Ibama Ordinance 128/25, therefore, inaugurates a new phase in the collection of environmental fines, marked by technological integration, procedural standardization, and expanded accountability. This is a normative change that requires companies to be prepared to deal with infraction notices, negotiate countervailing measures, technical defense in protests and implement environmental compliance programs.

In this sense, to have specialized legal guidance, committed to the sustainability and legal soundness of actions, is essential aspects. Machado Meyer is available to support its clients in this process, helping them mitigate risks, ensure regulatory compliance and preserve their institutional image.

^[1] Composed of the Sanctions Monitoring Coordination (CMS), General Coordination of the National Center for the Environmental Sanctioning Process (Cenpsa) and Environmental Protection Directorate (Dipro).

^[2]The 5W2H methodology consists of a set of seven strategic questions that guide the execution of actions in a clear and objective formatting: what will be done (What), why will it be done (Why), where will it be done (Where), when will it be done (When), who will do it (Who), how it will be done (How) and how much it will cost (How much).