Giulia Keese Montanhesi
Lawyer at Marcos Martins Advogados
Law No. 14,066 was published in the Federal Official Gazette on October 1, 2020, changing the rules on dam safety. Among the main changes are the regulation of the construction and raising of dams, the classification of dams by risk category, the preparation of an Emergency Action Plan and financial or real guarantee instruments to repair any damage caused to human life, the environment and public property by dam entrepreneurs.
The new provisions are stricter and provide for serious penalties such as warnings, fines, embargoes of works and activities, demolition of the work, total or partial suspension of activities, seizure of minerals, goods and equipment, forfeiture of the title and sanctions restricting rights.
Law No. 14.066 amended Law No. 12.334/2010 (which establishes the National Dam Safety Policy – PNSB), Law No. 7.797/1989 (which creates the National Environmental Fund – FNMA), Law No. 9.433/1997 (which establishes the National Water Resources Policy) and Decree-Law No. 227/1967 (Mining Code).
