26. Criminal proceedings involving the criminal violations covered under this Law shall be unconditionally public.
Sole Paragraph. (Vetoed)
27. For environmental crimes involving lesser offense, the immediate application of restrictions on rights or a fine, as provided for in art. 76 of Law No. 9.099 of 26 September 1995, may only be proposed subject to a prior breakdown of the environmental damage in accordance with art. 74 of the same Law, except where demonstrated as being impossible.
28. The provisions contained in art. 89 of Law No. 9.099 of 26 September 1995 shall apply to crimes of potentially lesser offense as defined in this Law, with the following changes:
I -- a declaration of extinction of capacity for punishment as discussed in paragraph 5 of the article mentioned in the main body hereof shall require a verification report of reparations for environmental damage, unless shown as being impossible, pursuant to section I, paragraph I of the same article;
II -- in the event that the verification report shows that reparations have not been completely paid, the period for suspension of the proceeding shall be extended up to the maximum period provided for in the article mentioned in the main body hereof, plus one additional year, with a suspension of the statute of limitations period;
III -- during the extension period the conditions contained in sections II, III and IV of paragraph 1 of the article mentioned in the main body hereof shall not apply;
IV -- upon expiration of the extension period, a new verification report of reparations for environmental damage shall be drafted, and depending upon its results, the suspension period may again be extended, up to the maximum term provided for in section II of this article, pursuant to the provisions contained in section III;
V -- upon expiration of the maximum extension period, the declaration of extinction of eligibility for punishment shall require a verification report showing that the accused party has taken all necessary measures for complete reparations of the damage.
