BRAZIL Law and Practice Contributed by: Thaís Vasconcellos de Sá and Ana Julia Grein Moniz de Aragão, Bermudes Advogados
15.3 Circular Economy Requirements Under the National Solid Waste Policy (Law No 12,305/2010), producers, importers, distributors and traders share responsibility for the full life cycle of prod- ucts. They must design goods and packaging to mini- mise waste generation and enable reuse or recycling. Certain sectors, such as pesticides, batteries, tyres, lubricants, lamps and electronic equipment, are legal- ly required to establish and operate reverse-logistics systems for the take-back, recovery and environ- mentally sound disposal of post-consumer products. More recently, Decree No 12,688/2025 introduced Brazil’s first national framework for plastic packaging recycling, setting progressive recovery and recycled- content targets up until 2032. These systems may be implemented individually or through sectoral agree- ments, and non-compliance may trigger administra- tive, civil and criminal liability. In May 2025, the government also approved the National Circular Economy Plan (PLANEC), which sets 18 objectives and over 70 strategic actions across five pillars:
further regulated mainly by Decree No 10,936/2022. It establishes principles for integrated management and shared responsibility among producers, import- ers, consumers and public authorities, prioritising prevention, reduction, reuse, recycling, treatment and environmentally sound disposal. Hazardous waste is subject to stricter controls. Liquid waste is regulated by CONAMA Resolution No 430/2011, which sets national standards for effluent discharge into water bodies. States and municipalities share competence to legis- late and act on waste management, and have issued extensive local regulations to address regional realities, promote selective collection, and monitor compliance. This further reinforces regionalised services and estab- lishes additional rules on the final disposal of waste. 15.2 Retention of Environmental Liability Under the National Solid Waste Policy (Law No 12,305/2010), responsibility for waste management is shared across the product life cycle among manu- facturers, importers, distributors, traders, consumers and public authorities. Each party’s duties are set out in management plans, generally tailored to specific sectors or type of waste. Depending on the type and volume of waste gener- ated, certain activities require the preparation and execution of a waste management plan, covering all stages from generation to final disposal and subject to approval by the competent authority. Waste genera- tors remain responsible for full compliance with their approved plans, even when outsourcing activities such as transport or final disposal to third parties. Contract- ing third parties does not exempt them from liability for environmental damage resulting from non-compliance. For particular waste streams, such as pesticides, bat- teries, tyres, lubricants, lamps and electronic prod- ucts, producers must also establish and operate fur- ther reverse-logistics systems to ensure the proper return and environmentally sound disposal of post- consumer waste.
• regulation; • innovation; • waste reduction; • finance; and • inter-federative co-ordination.
The PLANEC aims to promote reuse, remanufacturing and recycling, while fostering innovation and social inclusion. The plan still requires further regulation to define implementation mechanisms and co-ordination among different competent authorities. 15.4 Rights and Obligations Applicable to Waste Operators In Brazil, waste operators include any entities that generate, transport, treat, store or dispose of waste. They may be held jointly and severally liable where their actions or omissions cause environmental dam- age. In specific sectors, such as industrial, commer- cial, construction, transport and agricultural activities, waste producers must prepare, implement and com- ply with approved waste management plans covering all stages from generation to final disposal. Outsourc-
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