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Administrative fine defence in Brazil, from the first deadline to the appeal
The notice has arrived and the clock is already running. What the company files now defines what it can argue later.
Administrative fine defence is the company's formal response to an infringement notice issued by a public body or agency, with arguments and evidence that seek to annul the notice, set aside the fine or reduce the penalty. Talk to a lawyer as soon as you receive the notice: deadlines tend to be short and evidence must be gathered quickly.
Administrative fine defence in Brazil is the moment when the company presents its version to the authority that issued the notice. ANVISA (health surveillance), ANS (health plans), ANATEL (telecoms), ANEEL (electricity), Procon (consumer protection), tax and environmental departments and the SPA/MF (the federal betting regulator) follow different procedures, but they all share two things: short deadlines and decisions based on what is in the file.
The most common mistake is treating the defence as a formality. A generic filing without technical evidence overlooks defects in the notice, limitation periods and disproportionate fines. And whatever is not argued at first instance tends to be harder to prove on appeal and in court.
That is why we start with the notice, not with the legal theory. We check jurisdiction, the description of the conduct, the legal basis, the fine calculation and limitation periods, talk to the people who know the operation and build the evidence. Each argument comes with the document that supports it, so nothing needs to be rebuilt later.
When to call a lawyer
Infringement notice or inspection report
The company received a notice, inspection report or notification with a deadline for defence. Each day without analysis reduces the time to gather documents.
A fine that seems disproportionate
The amount ignores company size, mitigating factors or the real seriousness of the conduct, or the calculation is simply not explained in the notice.
An old event being charged now
The notice concerns conduct from years ago, or the proceeding sat idle for a long time without a decision. There may be a limitation defence.
Unfavourable first-instance decision
The defence was rejected and the appeal deadline has started, sometimes with the risk of the fine being entered as outstanding public debt (dívida ativa) shortly after.
What happens when you leave it for later
- Without a timely defence, the decision tends to rest only on the inspector's version, without the company's evidence and arguments.
- An unpaid fine is entered as outstanding public debt, opening the way to tax enforcement, frozen accounts and restrictions in public registers.
- Confirmed notices count as prior offences, which aggravate future penalties and may affect licences and authorisations.
- More serious penalties, such as suspension of activities or a ban on contracting with the public sector, hit revenue and reputation at once.
How we work
Notice triage
We check the deadline, authority, jurisdiction, description of the facts and legal basis as soon as we receive the notice, so the strategy is set with time to spare.
Evidence gathering
Together with your team, we collect documents, system logs, technical reports and contracts that show what actually happened, and flag what still needs to be produced.
Written defence
We draft the challenge covering formal defects, limitation where applicable, the merits and, alternatively, the proportionality of the penalty, in light of the principles of Law 9,784/1999 (the Federal Administrative Procedure Act).
Appeals and oral arguments
If the decision is unfavourable, we file an appeal, request suspensive effect where available and present oral arguments where the procedure allows.
Negotiated and judicial routes
We assess conduct adjustment agreements, settlements or instalment plans when they make sense, and a writ of mandamus or annulment action when there is illegality.
What you receive
- Analysis of the notice with deadlines, risks and recommended strategy
- Administrative defence or challenge with organised evidence
- Appeals to the authority's higher instances
- Opinion on settlement, instalment plan or court action
- Root-cause report with measures to prevent repeat offences
Why the firm
We start with the notice
Many notices have flaws in jurisdiction, description or calculation. Examining the document in detail before choosing the legal theory avoids leaving a strong argument behind.
Technical evidence alongside the argument
We involve the client's technical teams and, when needed, technical experts appointed by the client, so the legal argument rests on the facts.
An eye on the next inspection
At the end, we identify the cause of the notice and what to adjust in daily routines. The defence handles the case; the correction reduces the chance of it happening again.
Illustrative scenario
Hypothetical scenario, for illustration only. A pharmacy chain receives an infringement notice from the health surveillance authority over alleged failures in medicine storage at one of its stores. The defence deadline is short and local management has already discarded part of the temperature logs. The firm reviews the notice, identifies a generic description of the conduct, recovers the missing logs from the central system and gathers statements from the technical team. The defence challenges the legal classification and, alternatively, the proportionality of the fine. In parallel, the company adjusts its record-keeping procedure across all stores.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
What is the deadline for an administrative fine defence in Brazil?
It depends on the authority and the sector's law, so the deadline should be checked on the notice the day it arrives. Each sector law sets the deadline for the initial defence. At federal level, Law 9,784/1999 (the Federal Administrative Procedure Act) sets 10 days to appeal a decision, unless a specific law provides otherwise.
Is it worth appealing an administrative fine?
It is at least worth assessing before paying. An appeal allows a review of legality and merits, correction of calculation errors and a challenge to the proportionality of the penalty. The decision to appeal should weigh the amount, the risk of repeat offences and the effect on licences.
Can the fine increase if I appeal?
It can, but federal law requires the company to be notified first so it can respond. Article 64 of Law 9,784/1999 allows the reviewing body to worsen the decision only after giving the appellant that opportunity. In a review of a sanctioning proceeding, Article 65 prohibits increasing the penalty.
Do administrative fines become time-barred?
Yes. At federal level, Law 9,873/1999 (the limitation statute for federal administrative penalties) gives the administration five years to punish, counted from the act or, for permanent or continuing infringements, from the day it ceased. If the proceeding sits idle for more than three years awaiting a ruling or order, intercurrent limitation applies.
Can I file the defence without a lawyer?
Yes, because legal representation in administrative proceedings is optional under federal law. But the defence defines the evidence and arguments that follow the case to the end, so technical analysis carries more weight when the fine is significant or the operation is at risk.
Can the fine be challenged in court?
Yes, the courts can annul an unlawful penalty even before the administrative route is exhausted. A writ of mandamus must be filed within 120 days of learning of the act (Law 12,016/2009, the Writ of Mandamus Act), and an annulment action follows its own deadlines. The choice depends on the available evidence and urgency.
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Received an infringement notice?
Send us the notice today, with the date you received it. We will check the deadline, point out the first lines of defence and tell you what to gather before filing.