The ANP board approved yesterday (5/27) the holding of a public consultation and hearing on the revision of the concept of second recidivism given by ANP Resolution 8/2012, among other aspects regarding penalties to economic agents that operate in the national supply. The rule established the period that should be considered for the aggravation of the penalty of the fines that are applied due to the existence of antecedents, as well as for the application of the suspension and revocation penalties resulting from the finding of the recurrence and the second recidivism.

According to ANP Resolution 8/2012, recidivism occurs when the offending agent practices a new offense provided for in Law No. 9,847 / 1999 (Law of Penalties), after having already been definitively convicted in the administrative sphere. The second recidivism is characterized when the new infraction is preceded by two definitive convictions.

The objective to be achieved is to reduce bureaucracy, reducing obstacles and obstacles to the proper development of regulated activities. The main suggested changes are:

- Definition of a new concept of second recidivism;

- Time limitation for the characterization of recurrence;

- Equivalent treatment in cases of background and recidivism, in relation to the criteria for disregarding previous infractions;

- Establishment of criteria for the application of suspension and revocation penalties;

- Repeal of article 9 of ANP Resolution 64/2014, which deals with the criteria for the application of the penalty of confiscation.

The public consultation will last 45 days and then the public hearing will be held. To see the presentation on the topic held during the Board Meeting, access the link:https://youtu.be/ZK4oYxuNegM?t=1252