The right to double visitation applies to people inspected by the ANP.
11 de December de 2024, às 22:26
Alcemir Junior
The Superior Court of Justice (STJ) has ratified the right to double visits in inspections conducted by the National Agency for Petroleum, Natural Gas and Biofuels - ANP.
This prerogative is specifically guaranteed to micro and small companies, allowing them to request a review of the process before the infraction notice is issued and penalties are imposed.
In accordance with the provisions of Complementary Law no. 123/2006, and corroborated by the judgment of REsp 1.952.610-RS on November 7, 2023, the STJ, unanimously, in the First Panel (Reporting Justice Regina Helena Costa), determined that the double visit procedure, as established by article 55 of the aforementioned Complementary Law, is compatible with the inspection activities carried out by the ANP.
In this way, micro and small companies, when faced with ANP inspections, have the legal backing to request a double visit, as a right prior to the assessment process. This decision strengthens protection and equity in the treatment of these companies in the face of inspections, providing a more transparent and fair process.
This prerogative is specifically guaranteed to micro and small companies, allowing them to request a review of the process before the infraction notice is issued and penalties are imposed.
In accordance with the provisions of Complementary Law no. 123/2006, and corroborated by the judgment of REsp 1.952.610-RS on November 7, 2023, the STJ, unanimously, in the First Panel (Reporting Justice Regina Helena Costa), determined that the double visit procedure, as established by article 55 of the aforementioned Complementary Law, is compatible with the inspection activities carried out by the ANP.
In this way, micro and small companies, when faced with ANP inspections, have the legal backing to request a double visit, as a right prior to the assessment process. This decision strengthens protection and equity in the treatment of these companies in the face of inspections, providing a more transparent and fair process.