BRAZIL Law and Practice Contributed by: Thaís Vasconcellos de Sá and Ana Julia Grein Moniz de Aragão, Bermudes Advogados
defined. Any person or entity directly affected by land contamination has locus standi to file civil claims seeking compensation for the losses and damages personally suffered. Such individual claims may also request injunctive relief, including orders compelling the polluter to cease harmful activities and to restore the affected environment. As to collective measures, as explained in 10.3 Class or Group Actions , the public prosecutor’s office, the public defender’s office, and the federal, state and municipal governments, as well as duly qualified non-profit associations, may bring public civil actions ( ações civis públicas ) seeking remediation or com- pensation for environmental damage, including con- tamination cases. Citizens may also file citizen actions ( ações populares ) to challenge acts harmful to public property, including environmental assets, and seek compensation. In addition, civil associations may file collective claims to protect the specific groups or interests they represent. 12.5 Investigating Environmental Accidents The process for investigating environmental contami- nation in Brazil is generally guided by CONAMA Res- olution No 420/2009, which establishes soil quality standards, guiding values for chemical substances, and procedures for managing contaminated sites resulting from human activities. Based on these feder- al parameters, federative states have developed their own frameworks, the most advanced being São Pau- lo’s State Law No 13,577/2009, which, as mentioned above, often serves as a model for other jurisdictions. In general, investigations follow a three-stage process led by environmental authorities:
Finally, remediation and monitoring measures are implemented to eliminate or reduce risks to accept- able levels, with the environmental authority reviewing the plan and intended land use to ensure compliance with environmental and zoning standards. 13. Climate Change and Emissions Trading 13.1 Key Policies, Principles and Laws Brazil’s climate change framework is primarily gov- erned by the National Policy on Climate Change ( Política Nacional sobre Mudança do Clima , PNMC), established under Law No 12,187/2009. The PNMC aims to reconcile economic and social development with climate protection, guided by the following prin- ciples:
• prevention; • precaution; • citizen participation; • sustainable development; • climate justice; and • common but differentiated responsibilities.
It provides for sectoral plans for mitigation and adap- tation, setting emission reduction targets across key sectors such as: • energy; • transport; • agriculture; • mining; • health; and • industry. Complementing the PNMC, Law No 12,114/2009 created the National Climate Change Fund ( Fundo Clima ), further regulated by Decree No 9,578/2018, which finances mitigation and adaptation projects. In 2024, two major laws modernised Brazil’s climate governance. Law No 14,904/2024 introduced nation- al guidelines for climate adaptation plans, while Law No 15,042/2024 established the Brazilian Emissions Trading System ( Sistema Brasileiro de Comércio de Emissões , SBCE), a cap-and-trade carbon market
• identification; • diagnosis; and • intervention.
Authorities first assess suspected contamination through preliminary and confirmatory investigations, which are carried out at the expense of the responsi- ble party. If contamination exceeds legal thresholds, the site undergoes further analysis through a detailed risk assessment to determine the extent of pollution and support the preparation of a remediation plan.
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