Countries › Paraguay › Guide › 13. Regulation › Environmental crimes and liability in Paraguay: Ley 716, Penal Code offences, fines in minimum wages and company managers
Environmental crimes and liability in Paraguay: Ley 716, Penal Code offences, fines in minimum wages and company managers
Last verified: 2026-10-28 · Status: Stable
Paraguay punishes environmental harm mainly through criminal law: Ley 716 of 1995 sets prison terms with fines of up to 2,000 daily minimum wages for illegal logging and clearing, untreated effluents, emissions above limits and false data in impact studies, and the Penal Code adds offences for polluting water, air and soil and mishandling waste. Penalties reach 10 years when water or air pollution is linked to industrial or commercial activity, and the managers who order, carry out or allow the conduct are the ones prosecuted. Holding a DIA does not exempt a company from civil liability for damage, and fines in minimum wages rise in guaraníes with each wage increase.
USD figures use PYG 5,868.31 per US dollar, the Banco Central del Paraguay reference quotation for 28 October 2026. Amounts set in minimum wages use the monthly minimum wage of PYG 3,044,000 and the daily minimum wage (jornal) of PYG 117,077 in force since 1 July 2026 under Resolución MTESS 670/2026. Conversions are for orientation only and move with each wage adjustment.
Key facts
| Maximum fine under Ley 716 (logging, wetlands, effluents) | 2,000 daily minimum wages (PYG 234,154,000) PYGLey 716 art. 4 and 8, as of 2026-10-28 · in force |
|---|---|
| Maximum prison for forest and wetland offences (Ley 716 art. 4) | 8 yearsLey 716 art. 4, as of 2026-10-28 · in force |
| Maximum prison for water or air pollution linked to industrial or commercial activity | 10 yearsCódigo Penal art. 197 and 198, as of 2026-10-28 · in force |
| False data in an environmental impact study | 1 to 5 years and 500 to 1,500 daily minimum wages Ley 716 art. 5 d), as of 2026-10-28 · in force |
| Corporate criminal liability for environmental offences | Individuals acting for the company are liable (Penal Code art. 16) Código Penal art. 16; Ley 716 art. 1, as of 2026-10-28 · in force |
The rule
Cost to do it: Criminal exposure.
Example: A plant manager who authorises the import of hazardous waste for disposal commits the art. 3 offence, punished with 5 to 10 years. / Directors who approve, not only employees who execute, are within art. 1.Ley Nº 716, Sanciona delitos contra el medio ambiente, Art. 1, 2 and 3, 1995-09-26 official text · verified 2026-10-28
Cost to do it: Fines of PYG 58,538,500 to PYG 234,154,000 (about US$9,975 to US$39,901) under art. 4.
Example: Draining a wetland for rice paddies without authorisation risks 3 to 8 years and up to PYG 234,154,000 (art. 4 d). / A consultant who inflates forest cover data in an EIA risks 1 to 5 years and up to PYG 175,615,500 (about US$29,926) under art. 5 d).Ley Nº 716, art. 4 to 6; Ley Nº 2717/2005 (art. 6), Ley 716 art. 4, 5 and 6, 2005-10-04 official text · verified 2026-10-28 · changed: Ley Nº 2717, promulgated on 4 October 2005, rewrote art. 6 of Ley 716 to add listed fishing offences.
Cost to do it: Fines of PYG 11,707,700 to PYG 234,154,000 depending on the offence.
Example: A tannery that discharges untreated effluent into a stream risks 1 to 5 years for its responsible managers and up to PYG 234,154,000 (art. 8). / Emissions above the authorised limits at a cement kiln expose its plant manager to 2 to 4 years and up to about US$19,951 (art. 7).Ley Nº 716, art. 7 to 11, 13, 14 and 15; Ley Nº 6779/2021, art. 4, Ley 716 art. 7, 8, 9, 10, 11, 13, 14, 15, 2021-10-29 official text · verified 2026-10-28
Cost to do it: Criminal exposure; fines under the Penal Code day fine system.
Example: A ranch manager whose pasture burn spreads into a neighbouring forest in breach of fire rules risks up to 2 years if negligent. / Large ranching investments in the Chaco should have written fire management protocols aligned with the applicable rules.Ley Nº 6779/2021, Tipifica el hecho punible de producción de incendios que afecten el medio ambiente, Art. 2, 3 and 4, 2021-10-29 official text · verified 2026-10-28 · changed: Ley Nº 6779, promulgated on 29 October 2021, created the fire offence and repealed art. 12 of Ley 716.
Cost to do it: Criminal exposure; fines in day fines (5 to 360, each up to 510 daily minimum wages).
Example: A fuel depot that lets diesel leak into a stream and does not report it exposes its managers to up to 2 years for omission (art. 197 num. 5), and up to 10 years if the pollution is linked to its commercial activity. / A mining company that drains wetlands inside a national park risks prosecution of its managers under art. 202.Ley Nº 1160/1997, Código Penal, art. 197 to 202 (art. 198 as amended by Ley Nº 3440/2008), Art. 197, 198, 199, 200, 201 and 202, 2008-07-16 official text · verified 2026-10-28
Cost to do it: Civil damages are uncapped and assessed by the courts.
Example: The country manager of a foreign owned feedlot answers personally for untreated effluent discharges they ordered or allowed. / A DIA for a US$30 million plant does not cap or exclude damages claims by downstream farmers.Ley Nº 1160/1997, Código Penal, art. 16; Decreto Nº 453/2013, art. 8 b) and e), Código Penal art. 16; Decreto 453 art. 8, 2013-10-08 official text · verified 2026-10-28
| Article | Conduct | Prison | Fine (daily minimum wages) | Fine PYG | Fine USD |
|---|---|---|---|---|---|
| 4 | Serious forest harm, protected forests, log trafficking, unauthorised wetland works | 3 to 8 years | 500 to 2,000 | 58,538,500 to 234,154,000 | 9,975 to 39,901 |
| 5 | Endangered wildlife, genetic manipulation, restricted species, false EIA data, evading mitigation | 1 to 5 years | 500 to 1,500 | 58,538,500 to 175,615,500 | 9,975 to 29,926 |
| 6 | Hunting, gathering, habitat and listed fishing offences | 1 to 5 years or fine | 500 to 1,000 | 58,538,500 to 117,077,000 | 9,975 to 19,951 |
| 7 | Industrial air emissions above limits | 2 to 4 years | 500 to 1,000 | 58,538,500 to 117,077,000 | 9,975 to 19,951 |
| 8 | Untreated effluents into water | 1 to 5 years | 500 to 2,000 | 58,538,500 to 234,154,000 | 9,975 to 39,901 |
| 9 | Building in protected areas | 6 months to 2 years | 200 to 800 | 23,415,400 to 93,661,600 | 3,990 to 15,961 |
| 10 | Noise and radiation limits, closures, refusal to cooperate | 6 to 18 months | 100 to 500 | 11,707,700 to 58,538,500 | 1,995 to 9,975 |
| 11 | Hospital or laboratory waste | 6 to 12 months | 100 to 500 | 11,707,700 to 58,538,500 | 1,995 to 9,975 |
| 13 | Vehicle emissions or noise above limits | None | 100 to 200 | 11,707,700 to 23,415,400 | 1,995 to 3,990 |
Ley 716 offences and fines (jornal PYG 117,077; USD at PYG 5,868.31)
Worked example
- A dairy processor's treatment plant fails and it discharges untreated whey into a stream for two weeks. Its plant manager and the director who refused the repair budget face 1 to 5 years and fines of 500 to 2,000 daily minimum wages (PYG 58,538,500 to PYG 234,154,000, about US$9,975 to US$39,901) under Ley 716 art. 8, plus up to 10 years under Penal Code art. 197 because the pollution is linked to industrial activity. The company's DIA does not shield it from damages claims by downstream users.
Step by step
- Map each site's emission and effluent limits and keep monitoring records that show compliance with authorised levels.
- Assign named managers responsibility for environmental compliance, since criminal liability is personal (Penal Code art. 16).
- Verify the origin of timber and logs bought and the legality of any clearing or wetland works before contracting.
- Build spill and fire response protocols, including prompt reporting to authorities to avoid omission offences (Penal Code art. 197 num. 5).
- Check consultant data in impact studies, since false or altered data is a crime (Ley 716 art. 5 d).
Common traps
- Criminal fines in Ley 716 are in daily minimum wages, so they increase every July with the wage.
- Those who permit or authorise harmful activities by virtue of their powers are covered, including managers and officials (Ley 716 art. 1).
- Pollution linked to a business is aggravated: up to 10 years for water and air offences (Penal Code art. 197 and 198).
- Failing to report pollution you should have prevented is itself punishable (Penal Code art. 197 num. 5).
- The old Ley 716 art. 12 on dumping rubbish was repealed in 2021; the current rule on burning rubbish is in Ley 6779/2021 art. 2.
Sources
- Ley 716, delitos contra el medio ambiente (BACN)
- Ley 2717/2005, amends Ley 716 art. 6 (BACN)
- Ley 6779/2021, fire offence (BACN)
- Ley 1160/1997, Código Penal (BACN)
- Ley 3440/2008, amends the Penal Code (BACN)
- Decreto 453/2013, regulation of Ley 294 (MADES)
- Resolución MTESS 670/2026, minimum wage values from 1 July 2026
- Agencia de Información Paraguaya, MTESS Res. 670/2026 values
- Banco Central del Paraguay, reference exchange rates (28 October 2026)
Related pages
- regulation/environmental-impact-authorization
- regulation/regulation-essentials
- real-estate/forests-and-environmental-limits-on-land
- sectors/forestry-plantations-and-timber
- sectors/livestock-meat-and-animal-health
- https://theargentinethread.com/guide/
- /country/paraguay/
- /calendar/
- Live dashboard
Related: Paraguay country profile · live dashboard · central bank and release calendar · our posts on X
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