BRAZIL Law and Practice Contributed by: Thaís Vasconcellos de Sá and Ana Julia Grein Moniz de Aragão, Bermudes Advogados
infractions or monitoring remediation measures after environmental damage. Within licensing procedures, such co-operation is regulated by: • Complementary Law No 140/2011; • CONAMA Resolutions 01/1986 and 237/1997; and • Federal Law No 15,190/2025 (once enacted) – cur- rently in the final stages of legislative approval. 3. Environmental Protections 3.1 Protection of Environmental Assets Environmental Protection in Practice Environmental protection in Brazil derives from the constitutional duty imposed on the state and soci- ety to defend and preserve the environment (Federal Constitution, Article 225). This duty is primarily imple- mented through mandatory Environmental Licensing for activities that are actual or potential polluters or use environmental resources. Projects with significant potential degradation must undergo an Environmental Impact Study (EIA/RIMA) before approval. The state also protects the environment by: • creating specially protected areas such as Environ- mental Protection Areas (APAs), Permanent Pres- ervation Areas (APPs), and Legal Reserves on rural properties; and • regulating and monitoring the production, com- mercialisation and use of substances or techniques that pose environmental risks. Key statutes include the following. • Forest Code (Law No 12,651/2012) – protects APPs and Legal Reserves, registered in the Rural Environmental Registry (CAR). • National System of Conservation Units (SNUC – Law No 9,985/2000) – governs conservation areas with specific zoning and restrictions. • National Water Resources Policy (Law No 9,433/1997) – ensures basin planning, water rights, and charges for use.
• CONAMA resolutions – set National Air Quality Standards and emission limits for stationary and mobile sources. • National Solid Waste Policy (PNRS – Law No 12,305/2010) – requires waste management plans, reverse logistics for priority products, and proper disposal. • Environmental licensing and EIA rules (CONAMA Resolution 01/1986 and 237/1997) – regulate pro- jects with significant impacts. • Biodiversity Law (Law No 13,123/2015) – governs access and benefit sharing of genetic resources. Together, the following form the core of Brazil’s envi- ronmental protection system, supported by civil, administrative and criminal liability, and active pros- ecutorial oversight: • the constitutional right to an ecologically balanced environment; • the PNMA/SISNAMA framework; • the environmental crimes and sanctions regime; and • thematic codes on forests, protected areas, water, air, waste, licensing, and climate. Environmental infractions trigger administrative sanc- tions under Federal Decree No 6,514/2008 and analo- gous state rules: • warnings; • daily and fixed fines; • seizure of goods; • embargo/suspension of activities; and • demolition orders. In addition to administrative sanctions, the party will also be subject to: • environmental civil liability (for damages, including caused to third parties); and, • if an environmental crime was committed, criminal liability (which, differently from general criminal liability, applies to both individuals and corpora- tions). 3.2 Breaching Protections Consequences of a Breach
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