BRAZIL Law and Practice Contributed by: Thaís Vasconcellos de Sá and Ana Julia Grein Moniz de Aragão, Bermudes Advogados
that allows the trading of emission allowances ( Cotas Brasileiras de Emissão , CBEs). At the subnational level, 21 of Brazil’s 27 states have enacted their own climate change laws and policies, aligning local actions with federal initiatives. 13.2 Targets to Reduce Greenhouse Gas Emissions Brazil’s targets to reduce greenhouse gas (GHG) emis- sions are set under the National Policy on Climate Change ( Política Nacional sobre Mudança do Clima , PNMC – Law No 12,187/2009), which aligns national action with the United Nations Framework Convention on Climate Change and the Paris Agreement. Under its updated Nationally Determined Contribution (NDC), Brazil has committed to reducing net GHG emissions by 59% to 67% by 2035, compared with 2005 levels, and to achieving net-zero emissions by 2050. A major development to reduce GHG emissions was the enactment of Federal Law No 15,042/2024, which created the Brazilian Emissions Trading System ( Sis- tema Brasileiro de Comércio de Emissões de Gases de Efeito Estufa , SBCE). The SBCE establishes a regu- lated cap-and-trade market that sets emission limits for major sectors and allows the trading of Brazilian Emission Quotas (CBEs). Entities emitting more than 25,000 tons of CO₂e will be subject to emission caps and required to report annually to the SBCE’s managing body. Companies exceeding their limits may purchase CBEs or Certificates of Verified Emission Reduction or Removal (CRVEs). The law also regulates REDD+ projects, recognises the voluntary carbon market, and requires government authorisation for international transfers of mitigation outcomes under Article 6 of the Paris Agreement. Further regulation is still required for the law’s full effectiveness and applicability. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs Brazil has progressively advanced towards a total asbestos ( amianto ) ban. The country ratified ILO Con- vention No 162 on the Safe Use of Asbestos in 1991,
and Law No 9,055/1995 subsequently prohibited the extraction, production, use and sale of all amphibole varieties and asbestos spraying, while temporar- ily allowing chrysotile. This exception was declared unconstitutional by the Federal Supreme Court (STF) in 2017 and reaffirmed in 2023, establishing a com- plete nationwide ban. Although Brazil lacks specific federal rules on asbestos removal ( desamiantagem ), certain municipalities, such as Florianópolis (Law No 10,607/2019), have enacted local bans and replacement obligations. Labour safety regulations, including NR-15 and its Annex 12, govern occupational exposure, while NR-7 requires long-term health monitoring for exposed workers. Environmen- tally, CONAMA Resolution No 348/2004 and Law No 12,305/2010 classify asbestos waste as hazardous and impose strict handling and disposal requirements. Regarding polychlorinated biphenyls (PCBs), the use, production and marketing of these substances have been restricted in Brazil since the 1980s. Interministe- rial Ordinance No 19/1981 banned the manufacture and commercialisation of PCBs and established tran- sitional rules for the gradual elimination of contami- nated equipment in the electrical sector. To align domestic law with the Stockholm Convention on Persistent Organic Pollutants (promulgated by Decree No 5,472/2005), Federal Law No 14,250/2021 now mandates the controlled elimination of PCBs and their residues, as well as the decontamination and disposal of transformers, capacitors and other contaminated equipment. Holders of PCBs must register with the Fed- eral Technical Registry of IBAMA, prepare inventories of contaminated materials and ensure their environmentally sound final disposal through licensed facilities. Non-compliance may trigger civil, administrative and criminal liability, in addition to the obligation to remedi- ate environmental damage. 15. Waste 15.1 Key Laws and Regulatory Controls Solid waste management in Brazil is governed by the National Solid Waste Policy (Law No 12,305/2010),
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