312
“ Article 9. The non compliance with this Technical Regulation is
a sanitary infringement, subjecting the
property owner or renter
or their representative, as well as the technical responsible
to
the penalties set in the Law No. 6.437, from August 20th, 1977,
when required, notwithstanding other penalties set in a specific
legislation.”
24
Thus, the property owner or renter or their representative, as well as
the technical responsible, are subjected to administrative sanctions when
they do not comply with the Administrative Rule or the Resolution.
Even without the need to do such thing, the Administrative Rule
reminds that the referred people can be subjected to other penalties set in
other legislations, with civil and criminal liability.
However, not only the persons referred in the mentioned article 9 may
have to be administratively, civilly, or penally responsible for damage they
cause to others due to actions linked to spreading
Legionella
bacteria or in
certain cases allowed by law.
For example, in the Consumer Protection Code, when the person who
advocates a false advertisement referring to a product can be subjected to
legal and criminal consequences.
For penal responsibility, it must be considered that only what is duly
determined in Law is a crime, according to the Article 1 of the Penal Code
rules.
Thus, analyzing the several penal types presented in the Penal Code,
some types that could occur considering certain concrete facts in this
subject can be
only theoretically
identified, such as the ones shown in
articles 171
25
and 271
26
of the Penal Code. The types contained in articles
