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30/08/2024 Estimated reading 2’’

Administrative Process Trail Guide 05: Sanctioning Administrative Process – Decision and Sanctions Application

30/08/2024

Guide 05 of the Administrative Process Trail offers a detailed analysis of the first-instance decision phase of the sanctioning administrative process, the sanctions that may result from a condemnatory decision by the ANPD’s General Coordination of Supervision, and how these sanctions may be aggravated or mitigated considering the circumstances outlined in the Regulation on the Dosimetry and Application of Sanctions.

Key Points:

  • Decision Phase: Details the role of the General Coordination of Supervision in the first-instance decision.
  • Application of Sanctions: Explains how different sanctions, such as warnings, fines, and other more severe measures, can be applied, with practical examples of how these sanctions have already been implemented by the ANPD.
  • Aggravating and Mitigating Circumstances: Analyzes factors that can influence the amount of fines imposed, such as recidivism and the implementation of best practices, in accordance with the Regulation on the Dosimetry and Application of Sanctions.

If you have not seen the previous guides, access them here:

Guide 01: ANPD Structure

Guide 02: Inspection Process

Guide 03: Sanctioning Administrative Process – Preparatory Process

Guide 04: Sanctioning Administrative Process – Initiation and Instruction of the Process.

*Acesse a versão em português clicando aqui.

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