The Bill 4251/08, proposed by the Senate, which is being processed at the Chamber, modifies the rules of on the enforcing of sanctions to offenders exerting activities in the oil industry and in the fuel supply. The bill, authored by the Senator Gerson Camata (PMDB-ES), amends the National Law on the Fuel Supply (Law 9.847/99).

In one of the cases of interdiction of establishments, the bill establishes a minimum term of 10 days for the prevailing of that measure. In extreme cases, the interdiction of an establishment, installation, equipment or construction work can last until all problems leading

The law currently provides for the interdiction of facilities and equipment if the activity is exerted without authorization, but does not establish any term for the prevailing of that sanction.

Temporary suspension
According to the bill, the temporary suspension of the operation of the establishment or facilities will be applied in case of relapse of the offense. The establishment operating without registration, adulterating information to receive tax benefits, or not complying with safety rules on fuel warehousing, among other problems, will also be suspended.

The law currently provides for the suspension for a minimum term of 10 days and a maximum one of 15 days, in case of second relapse or if the fine does not correspond to the severity of the offense. The bill amends that term to 30 and 60 days, respectively.

Cancellation
The penalty of register cancellation, according to the bill, will be applied if the establishment has already been punished with the temporary suspension or if other offenses are committed, such as the operation without a register. In current legislation, that cancellation occurs when the offender has been suspended twice.

Still according to the bill from the Senate, if there is the cancellation of the register, the corporation, the people legally in charge of it, and its managers will be impeached to exert the same activity for five years.

Revocation of authorization
The bill also provides for the revocation of the authorization of those who incur in the same offenses that may lead to temporary suspension, if the fact is considered as severe and the offender has acted in bad faith.

If that penalty is applied, the corporation, the people legally in charge of it and their managers will be impeached to exert their activities for five years.

Current legislation provides for the revocation in several cases, but has a smaller list of specific offenses, which may lead to revocation. The authorization is currently revoked if the corporation does not comply with the safety rules for trade or warehousing, or if it imports, exports or trades low-quality fuel.

In the case of revocation, only the legally responsible people for the corporation are impeached to exert activities in the sector, according to current legislation.

Procedure
The bill will be reviewed in conclusive character by the Committees on Economic Development, Industry and Commerce; on Mines and Energy, and on the Constitution and Justice and Citizenship.

Report - Noéli Nobre
Editing - Newton Araújo Jr.
Translation - Positive Idiomas Ltda