BRAZIL Law and Practice Contributed by: Thaís Vasconcellos de Sá and Ana Julia Grein Moniz de Aragão, Bermudes Advogados
4. Environmental Incidents and Permits 4.1 Investigative and Access Powers Enforcement and Regulatory Powers of Environmental Authorities Environmental authorities may conduct inspections, request information and documents, collect samples, access facilities (including, where necessary, with police support), seize equipment used for infractions, collect the product of said infractions, and impose suspension or embargoes of the activity. They can open administrative proceedings, issue infraction notices, demand corrective measures and even sus- pend or revoke environmental licences and permits. Public prosecutors may open civil inquiries, require expert assessments, and seek court orders for access, evidence production, and injunctive relief. In incidents like oil spills, authorities such as IBAMA, ICMBio, ANP, and maritime authorities co-ordinate response at the federal level (with corresponding environmental authorities at state and municipal lev- els), with emergency plans activated and mandatory communications. 4.2 Environmental Permits/Approvals Environmental Licensing in Brazil Activities that may cause environmental degradation require licensing, generally granted in three stages: • Preliminary Licence (LP) – assesses environmental feasibility and authorises the project to proceed to licensing, without permitting construction; • Installation Licence (LI) – authorises physical con- struction and project implementation according to approved environmental plans; and • Operation Licence (LO) – allows operation, con- firming implementation of mitigation and control measures. Variants such as simplified or concurrent licensing exist for specific sectors under state rules. There is also the Corrective Operation Licence (LOC), which regularises activities initiated without proper licensing. Federal licensing applies when impacts cross state borders, occur in federal areas or facilities, or are oth- erwise under federal jurisdiction. In other cases, states
or, for local impacts, municipalities are competent to license. This distribution follows Complementary Law No 140/2011, CONAMA Resolution 237/1997 and, once enacted, Federal Law No 15,190/2025, which will unify and update licensing rules nationwide. At the federal level, IBAMA Normative Instructions 184/2008 (licensing) and 6/2009 (vegetation suppres- sion and use of forest raw materials) regulate proce- dural aspects. Licensing applications must include baseline studies. For projects with significant potential impact, EIA/ RIMA are mandatory; otherwise, simplified studies or control reports may suffice. Public participation through hearings is required when applicable. The licensing agency must also engage other authorities when the project affects traditional communities (FUNAI for Indigenous peoples, FCP for Quilombola communities) or federal conservation units, endangered species, or caves, as per ICMBio Normative Instruction 16/2025. Projects involving vegetation removal require a spe- cific Authorisation to Suppress Vegetation (ASV), sup- ported by studies and a plan for suppression, disposal and compensatory measures. If the vegetation is to be used, an Authorisation for Use of Vegetable Raw Material (AUMPF) must also be obtained. Decisions by licensing authorities may be appealed administratively within the agency and, once exhaust- ed, through judicial review. Courts, however, review only the legality, not the technical merits, of adminis- trative decisions. Judicial challenges must therefore demonstrate violation of legal norms or procedural defects, not mere disagreement with regulatory dis- cretion. The pending Federal Law No 15,190/2025 aims to establish a unified national licensing system, enhanc- ing legal certainty, efficiency and transparency while maintaining environmental protection and public par- ticipation. It introduces licence types, such as:
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