BRAZIL Trends and Developments Contributed by: Thaís Vasconcellos de Sá and Ana Julia Grein Moniz de Aragão, Bermudes Advogados
Offshore wind and marine spatial planning In renewable energy, the Offshore Wind Legal Frame- work (Law No 15,097/2025) and the Marine Spatial Planning Decree (Law No 12,491/2025) established long-awaited rules for ocean-based energy genera- tion. The new framework: • regulates use rights over federal maritime areas; • sets procedures for environmental licensing; and • clarifies coexistence with oil and gas concessions. The first offshore wind licence was granted in June 2025. Circular economy and waste management There were also developments in circular economy. Approved in May 2025, the National Circular Economy Plan (PLANEC) set 18 objectives and more than 70 strategic actions across five pillars:
Brazil’s Superior Court of Justice Defines Parameters for Collective Moral Damages in Environmental Cases At the judicial level, two recent developments by Brazil’s higher courts have addressed key aspects of environmental liability and Indigenous rights. The first, from the Superior Court of Justice (STJ), defined parameters for assessing collective moral damages in environmental cases. In Special Appeal No 2,200,069/ MT, the First Panel established seven criteria to guide courts when determining whether environmental harm justifies non-monetary (moral) damages to soci- ety. The decision reinforces that not every regulatory breach gives rise to such compensation, requiring an unjust and intolerable injury to nature itself. The Court held that collective moral damages arise from harmful actions or omissions and are presumed (in re ipsa), without the need to prove subjective suf- fering of the community. Once environmental damage is verified, the harm is considered intolerable, and it falls to the offender to rebut that presumption based on objective environmental criteria. The possibility of physical restoration does not exclude moral damage to society, and all parties contributing to large-scale degradation share liability proportionally to their fault and economic benefit. In defining the method for quantification, the STJ ruled that compensation must reflect: • the extent and permanence of the damage; • the defendant’s culpability and economic capacity; and • the profit obtained through the unlawful act. The Court also underscored that, for biomes consti- tutionally recognised as national heritage (such as the Amazon, Atlantic Forest and Pantanal) any conduct that compromises their integrity automatically entails collective moral damage. Though not a mandatory binding precedent, the rul- ing provides a significant interpretative benchmark for environmental litigation. It consolidates a structured approach for quantifying non-economic damage and signals stricter judicial scrutiny of environmental con-
• regulatory; • innovation; • waste reduction; • finance; and • inter-federative co-ordination.
It aims to stimulate reuse, remanufacturing and recy- cling, while fostering innovation and social inclu- sion. Complementing this agenda and further imple- menting the National Solid Waste Policy, Decree No 12,688/2025 introduced Brazil’s first national frame- work for plastic packaging recycling, setting progres- sive recovery and recycled-content targets up until 2032. In parallel, Decree No 12,438/2025 defined lim- ited exceptions to the national ban on importing solid waste, allowing the entry of non-hazardous residues such as glass, rubber, and certain metals for use in specific industrial transformation processes. Finally, a draft bill revising the National Climate Change Policy (PNMC) was released for public consultation in late 2025. The proposal incorporates principles of climate justice, equity and a just transition, formal- ises Brazil’s goal of net-zero emissions by 2050, and expands obligations for risk assessment, adaptation and mitigation across economic sectors.
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