Newsletters

Agribusiness Newsletter | February 2026

March 26th, 2026

The Agribusiness Newsletter brings information and news about the main regulations and legal texts relating to the regulation of agribusiness in Brazil. This initiative seeks to cover the agribusiness industry on its transactional, litigation, tax and regulatory levels, and is an invitation for all of those working in this market to both access important news and comments on vital topics from the sector.

This material is for informative purposes only, and should not be used for decision-making. Specific legal advice can be provided by our legal team.

A more transparent credit market: ANBIMA to publish rates and prices for fixed-rate debentures, CRIs, and CRAs

The Brazilian Financial and Capital Markets Association (“ANBIMA”) has expanded its private securities pricing program to include fixed-rate instruments. As a result, ANBIMA will begin to publish daily reference rates and prices for the following instruments:

Debentures;
Real Estate Receivables Certificates (“CRIs”);
Agribusiness Receivables Certificates (“CRAs”) with fixed-rate remuneration;
Other fixed-income assets, including government bonds and Credit Rights Investment Funds (“FIDCs”).

All data will be available on ANBIMA Data, the association’s cost-free platform for financial and capital markets information.

According to ANBIMA, the initial phase will cover the pricing of 15 debentures and 25 receivables certificates, with plans to expand this number proportionally to trading volumes. The indicative prices published provide a daily benchmark that enhances secondary market liquidity and addresses market participants’ demands.

For more information: A more transparent credit market: Rates and prices for fixed-rate debentures, CRIs, and CRAs now published

Public rural product notes issued on Brazil’s stock exchange reach BRL 6 billion

B3 – Brazil’s Stock Exchange – has recorded BRL 6 billion in issuances of rural product notes (“CPRs”) offered to retail investors since August 2025. The amount was raised through 14 issuances, totaling 4 million units and attracting more than 26,000 investors.

CPRs are instruments commonly used in bilateral transactions, such as those carried out between rural producers and cooperatives, or as underlying assets for the issuance of CRAs. However, CMN Resolution No. 5,118, dated January 01, 2024, established restrictions on the issuance of CRAs, prohibiting the participation of financial institutions and publicly held companies whose primary revenue does not derive from agribusiness activities.

CPR issuances do not require the involvement of securitization companies and may be carried out by non-financial legal entities, which simplifies the process and reduces transaction costs. As a result, the flexibility and efficiency of CPRs have led to a natural redistribution of liquidity toward public offerings, which have quickly become an important funding channel for companies, while also expanding investment opportunities for retail investors.

For more information: Public rural product note issuances on B3 reach BRL 6 billion

Brazilian Securities and Exchange Commission publishes guidance on fines for late submission of periodic reports by investment funds

On February 06, 2026, Brazil’s Superintendence of Securitization and Agribusiness (“SSE”) of the Brazilian Securities and Exchange Commission (“CVM”) published Circular Letter CVM/SSE 1/2026, with the aim of providing guidance to managers of FIDCs, Real Estate Investment Funds (“FIIs”), and Investment Funds in Agroindustrial Production Chains (“FIAGROs”) regarding the untimely submission of periodic information and, consequently, the imposition of standard penalty fines.

The document clarifies recurring doubts regarding the criteria and procedures adopted by the technical department, emphasizing that penalty fines are intended to ensure compliance with periodic obligations and discourage delays. Penalties are imposed objectively and automatically when deadlines are not met. The SSE has announced that appeals based on arguments already addressed in the published circular letter will be immediately dismissed.

Among the key points highlighted, the circular letter emphasizes that:

The submission of the information required by CVM Resolution No. 175/2022 is mandatory, and failure to comply with it is subject to automatic daily fines.
Each fine relates to a specific delay and does not constitute a penalty.
The fines are not interdependent and may be applied multiple times in the event of repeated delays.
Responsibility for submission lies with the manager in office on the due date, even in the event of a replacement.
The obligation begins with the first capital call and remains in effect until the fund is dissolved, including throughout the liquidation period.

For more information: Technical Department issues guidance on periodic reporting obligations and applicable fines for delays

Brazilian Securities and Exchange Commission waives registration and representative requirements in Brazil for non-resident investors in agribusiness derivatives

The CVM – Brazilian Securities and Exchange Commission – through the Superintendence of Institutional Investor Supervision (“SIN”), published on February 11, 2026, Circular Letter CVM/SIN No. 4/2026, exempting certain non-resident investors from registering with the CVM and from appointing a representative in Brazil.

The exemption applies to non-resident corporate investors that exclusively engage in transactions involving agribusiness derivatives – forward contracts, futures contracts, and options on agriculture and livestock products –, provided that payments, receipts, and other financial transactions are conducted through accounts held abroad (“INR Agro”).

According to the CVM, the systematic and historical interpretation of Article 6 of Joint Resolution BCB/CVM No. 13/2024, in conjunction with CMN Resolution No. 2,687/2000, precludes the application of the general registration rule for this specific investor profile. In such cases, INR Agro exempts the investors mentioned from the requirement to register with the CVM and appoint a representative in Brazil.

However, the CVM emphasizes that the registration requirement remains in effect for non-resident investors who trade other financial and capital market products outside the narrow scope of agribusiness derivative transactions under the conditions described.

For more information: CVM waives the requirement for non-resident investors to register and appoint a representative in Brazil for agribusiness derivatives

TAX REGULATION:

Brazil’s Federal Revenue Service updates list of tax benefits subject to reduction

On February 23, 2026, Brazil’s Federal Revenue Service (“RFB”) published Normative Instruction No. 2,307/2026, which updated the list of sectors exempt from the across-the-board reduction in tax benefits and incentives imposed by Complementary Law (“LC”) No. 224/2025.

The change, implemented through the replacement of the Sole Annex to Normative Instruction No. 2,305/2025, increased the number of activities exempt from the across-the-board cut from 31 to 33.

LC No. 224/2025 implemented a 10% across‑the‑board reduction in tax benefits, while also raising the taxation applicable to fintechs, interest on equity (“JCP”), and betting activities. It is worth monitoring the updates to RFB’s list of benefits to clearly understand the tax authorities’ interpretation of the scope of the cuts under LC No. 224/2025.

For more information: Complementary Law No. 224/2025:Reduction of tax benefits and taxation of interest on capital, fintechs, and betting activities

Brazil’s Administrative Council of Tax Appeals allows the use of PIS/COFINS credits on genetically modified seeds

Unanimously, the 1st Panel of the 1st Chamber of the 3rd Section of the Administrative Council of Tax Appeals (“CARF”) allowed the utilization of credits derived from the Social Integration Program (“PIS”) and the Social Security Financing Contribution (“COFINS”) on royalties paid for the acquisition of technology incorporated into genetically modified seeds.

The company involved in the case operates in agricultural production and the propagation of certified soybean, corn, rice, and cotton seeds, acquired through integrated technologies that provide pest resistance and herbicide tolerance. Because the technology is incorporated into the seeds and cannot be separated from them, the Panel concluded that the related amounts integrate the company’s productive activity and – in line with the concept of “inputs” established by Brazil’s Superior Court of Justice (“STJ”) – authorize crediting under the non‑cumulative tax regime.

Brazil’s Federal Revenue Service creates transitional rule for new procedural deadline

On February 04, 2026, the RFB published Interpretative Declaratory Act (“ADI”) No. 2/2026, establishing a transitional rule for the application of the procedural deadlines established in Complementary Law No. 227/2026.

LC No. 277/2026 represented the second stage of the regulation of the Brazilian Tax Reform on Consumption and, among other changes, modified the foundations of the federal tax administrative proceeding. Through ADI No. 2/2026, the RFB established that until March 31, 2026, procedural deadlines of 20 business days or 30 calendar days will be considered, whichever expires later. This understanding applies to deadlines for filing:

Challenges to tax assessments or voluntary appeals;
The voluntary appeal addressed in Article 74, § 10 of Law No. 9,430/1996; and
Challenges regarding the rejection of the option or exclusion from the Simples Nacional regime, in compliance with Article 39 of Complementary Law No. 123/2006.

For more information: Complementary Law No. 227/2026 on Brazilian Tax Reform published

Brazil extends ICMS tax benefit for transactions involving industrial equipment and agricultural implements

On February 20, 2026, Declaratory Act No. 04/2026 was published, ratifying ICMS Agreement No. 10/2026. The agreement amends and extends – until December 31, 2026 – ICMS Agreement No. 52, dated September 26, 1991. The agreement grants a reduction in the tax base for the Tax on the Circulation of Goods and Services (“ICMS”) on transactions involving industrial equipment and agricultural implements.

The amendment refers to the authorization granted to the states of Paraná, Rio Grande do Sul, Santa Catarina, and São Paulo not to waive the reversal of the ICMS credit related to the entry of goods whose subsequent transaction benefits from the reduction in the tax base established in ICMS Agreement No. 10. For such amendment to be implemented, a state regulation incorporating the new provisions must be published.

Brazilian Tax Reform: Updates to the national standard NFS-e layout

On February 07, 2026, the Executive Secretariat of the Electronic Service Invoice Management Committee (“SE/CGNFS-e”) published Technical Note No. 007, which introduces updates and clarifications regarding the layout of the national standard Electronic Service Invoice (“NFS-e”).

The technical note provides for the inclusion of new fields and rules applicable to the Tax on Goods and Services (“IBS”) and to the Contribution on Goods and Services (“CBS”), to the update of Annex VII with new transaction indicator codes, and adjustments to PIS and COFINS information – particularly regarding rounding, value tolerances, and the correct distinction between taxes due and withheld.

The changes related to PIS/COFINS took effect in the production and restricted production environments on February 09, 2026. The document also clarifies aspects related to new taxable events formalized through the NFS-e, establishes guidelines for calculating the Service Tax (“ISS”) within the scope of the NFS-e, and provides clarification on invoice numbering.

ENVIRONMENTAL REGULATION:

Environmental Licensing

PIAUÍ

SEMARH issues resolution on environmental licensing for projects that use, handle, or exhibit native or exotic fauna under special protection conditions

On February 02, 2026, the State Secretariat for the Environment and Water Resources (“SEMARH”) issued CONFAUNA/CONSEMA Joint Resolution No. 1/2025. The resolution establishes criteria, procedures, and requirements for granting environmental licenses and other authorizations for the establishment and operation of projects that use and handle native or exotic fauna under ex situ conditions.

The regulation defines ex situ conditions as those characterized by the maintenance of animals under human control and care outside the species’ natural habitat.

The following projects will be licensed under the terms of Joint Resolution No. 1/2025 of the State Council for the Protection of Wild Fauna (“CONFAUNA”) and the State Council for the Environment and Sustainable Development (“CONSEMA”):

Commercial breeding facility for wild fauna;
Scientific breeding facility for wild fauna;
Conservation breeding facility for wild fauna;
Fauna holding facility;
Zoos and aquariums;
Center for the screening and rehabilitation of wild animals;
Commercial projects involving native and/or exotic fauna (resale of live animals and their parts, products, and by-products);
Wild fauna slaughterhouses, processing and cold‑storage facilities; and
Tanneries and other facilities for the preparation of wild animal hides.

Projects involving exotic fauna – defined as species or subspecies whose geographic distribution does not include Brazilian territory – must obtain licensing in compliance with CONSEMA Resolution No. 46/2022.

Commercial breeding facilities may receive, acquire, keep, produce, reproduce, display, commercialize, supply, or use specimens of native and/or exotic species for, among other purposes, slaughter and the production or extraction of products and by-products. In turn, commercial projects involving native or exotic wild fauna may acquire, keep, display, and commercialize specimens, products, and by-products that are duly proven to originate from licensed commercial breeding facilities – as well as from licensed slaughterhouses, processing plants, and cold‑storage facilities. These facilities may only carry out the slaughter of native or exotic specimens that are demonstrably sourced from licensed commercial breeding facilities.

The projects mentioned above will be licensed based on their use of wild-fauna resources, size, pollution potential, and, consequently, their class. Projects classified as Class 1, in compliance with CONSEMA Resolution No. 46/2022, will be subject to the Simplified Environmental Licensing, with the issuance of a Declaration of Low Environmental Impact. Projects classified as Classes 2 through 7 will be subject to the Ordinary Environmental Licensing.

RIO GRANDE DO SUL

Rio Grande do Sul excludes forest cultivation from the list of licensable activities and includes new categories in state environmental licensing

On February 23, 2026, CONSEMA of the state of Rio Grande do Sul, published Resolution No. 543/2026 and Resolution No. 544/2026, which amend Resolution No. 372/2018. The latter refers to projects and activities that use environmental resources – whether actual or potential polluters capable of causing environmental degradation –and are, therefore, subject to environmental licensing in the state.

The amendments stem from the need to align the state regulation with recent changes to the federal and state legal framework for environmental licensing, in particular:

Federal Law No. 14,876/2024, which excluded forest cultivation from the list of potentially polluting activities;
Federal Law No. 15,190/2025, which established general rules for environmental licensing and exempted several activities, including those in the forestry sector, under specific conditions; and
State Law No. 16,445/2025, which exempted forest cultivation activities from environmental licensing within the state of Rio Grande do Sul.

Resolution No. 543/2026 excluded forest cultivation activities involving exotic species from Annex I to Resolution No. 372/2018, including those with high invasive potential (such as Pinus spp.) and those with low invasive potential (such as Eucalyptus spp., Acacia mearnsii, and similar species), regardless of the size previously specified. Thus, forest cultivation is no longer included in the list of activities subject to state environmental licensing.

Resolution No. 543/2026 also amended the wording of existing categories in Annex I, updating the technical limits for electrical voltage. In the previous wording, activities related to electrical infrastructure were referenced at the 38 kV threshold, providing for:

Vegetation handling within the safety zones of electrical power distribution networks up to this limit; and
Electrical power transmission lines starting at 38 kV.

The new wording raises the technical threshold to 138 kV, now classifying as categories:

Electrical power transmission lines above 138 kV; and
Vegetation handling within safety zones of electrical power distribution networks up to 138 kV.

Additionally, Resolution No. 544/2026 amended Annex I and included new glossaries in Annex II of Resolution No. 372/2018, notably the inclusion of the category “Battery Energy Storage System (BESS)”, classified as a low-pollution-potential activity, with classification based on floor area.

Resolution No. 544/2026 further clarifies that BESS is not subject to environmental licensing when it does not exceed 100m² of floor area, provided that there is no grouping exceeding this limit and that it is not installed in a Permanent Preservation Area (“APP”). Network connections or transmission lines remain subject to specific legislation.

The regulation also includes technical glossaries for recreational areas and fish processing. It further clarifies the criteria for classification and exemption from environmental licensing for small-scale activities, especially those related to artisanal fishing.

SANTA CATARINA

Santa Catarina regulates review of ownership, possession, and rights of use in environmental licensing proceedings

On February 13, 2026, the Santa Catarina State Environmental Institute (“IMA”) published Ordinance No. 36/2026, establishing procedures for the analysis of ownership, possession, or other rights enabling the use of the real estate affected area in environmental licensing and authorization processes under the agency’s jurisdiction, and revoking IMA Ordinance No. 106/2021.

In compliance with Ordinance No. 36/2026, entrepreneurs must prove ownership, possession, or another right to use the real estate prior to the issuance of the preliminary license, the preliminary license concurrent with the installation license, the single environmental license, or any act equivalent to the completion of the first or sole stage of the licensing process. This requirement applies to both private real estate as well as public assets and spaces, even if they lack a real estate registration or are subject to special registration regimes.

Exceptionally, in the event of failure to prove ownership or possession, Ordinance No. 36/2026 allows environmental licensing to proceed until the license or authorization is issued. However, such flexibility does not waive the subsequent submission of ownership or possession documents, nor does it preclude the IMA from requesting additional information throughout the process, including to identify and delimit the affected real estate and respective owners.

Additionally, the regulation establishes that, for environmental licensing purposes, only real estate within the coastal zone whose registration indicates federal demarcation, with transfer of ownership to the Federal Government, will be considered.

Ordinance No. 36/2026 also governs the application of the new rules to ongoing proceedings, stipulating that the measures provided for must be adopted prior to the issuance of the license corresponding to the current stage of the licensing process. The ordinance also consolidates standardized templates for statements of acknowledgment and responsibility, as well as for extrajudicial notices to affected owners or possessors.

The transport of live native or exotic wild animals within the state of Piauí, or to other states in Brazil, will require a Transport Authorization (“AT/TTD”) – which does not exempt the animal’s keeper from carrying the Animal Transit Permit.

Finally, Annex VI of the joint resolution provides that animals such as cattle, chickens, and sheep are considered domestic animals and, therefore, are not covered by the provisions highlighted in this report.

Water Resources

GOIÁS

SEMAD/Goiás amends procedures for submitting and reviewing applications for water-use permits

On February 06, 2026, the Goiás State Secretariat for the Environment and Sustainable Development (“SEMAD”) published Normative Instruction No. 5/2026, which amends the wording of Article 6 of Normative Instruction No. 4/2025 and its Sole Annex, establishing the procedures for the submission and review of applications for water-use permits. It also addresses the transition and integration between the Environmental Management System (Sistema de Gestão Ambiental – “SGA”), WEB Outorgas System, and Veredas System.

The following concession applications will migrate to the Veredas System:

Those submitted through the WEB Outorgas system, with the status “created” and in any of the following stages:
“Awaiting analysis”,
“Allocation required – Verdinho River Basin, Ribeirão Abóboras, and Lages”,
“Negotiated allocation – Meia Ponte Basin”, “Suspended – Piancó”; and
Those submitted through the SGA system, regardless of the stage they are in.

The application for system transition must be submitted by the user by April 16, 2026, under penalty of dismissal of the application for a water‑use rights permit.

It is worth noting that for the Alto São Marcos River Basin, concession processes are not subject to transition to the Veredas System, unless they involve groundwater abstraction. In such cases, the concession processes must comply with all transition rules established in Normative Instruction No. 4/2025.

RIO GRANDE DO SUL

SEMA/RS extends the expiration date of water‑use permit ordinances or exemptions

On February 06, 2026, SEMA/RS published Normative Instruction No. 2/2026, extending, on an exceptional basis, the expiration dates of water-use permits or exemptions under the Rio Grande do Sul Water Concession System (“SIOUT RS”) with validity periods ranging from January 01, 2026, to December 31, 2026, for an additional period of three years.

Environmental Inspection and Administrative Proceedings

FEDERAL

ICMBIO amends rules for environmental administrative sanctioning procedure

On February 13, 2026, the Chico Mendes Institute for Biodiversity Conservation (“ICMBIO”) published ICMBIO Normative Instruction No. 13/2026, amending the wording of ICMBIO Normative Instruction No. 9/GABIN/ICMBIO and, consequently, the regulations governing the federal administrative procedure for investigating administrative violations involving conduct and activities that cause environmental harm.

The cited party may, at any time during the process, settle the amount of the fine imposed by the infraction notice by requesting the issuance of a payment slip at any ICMBIO office.

The regulation also provides that the precautionary embargo measure will not be applied to construction projects, activities, or areas where deforestation or unauthorized burning occurs outside APPs or Legal Reserves – except in cases of unauthorized deforestation or burning of native vegetation.

ICMBio Normative Instruction No. 13/2026 also provides for the suspension of the embargo upon the adoption of effective measures to regularize the activity or area, in compliance with the substantiated decision issued by the competent authority. However, the revocation of the penalty requires proof of environmental compliance, also in accordance with the substantiated decision issued by the competent authority.

To conclude the administrative proceeding, the party subject to the penalty may opt for one of the legal solutions, such as paying the consolidated fine in a lump sum with a discount, paying the debt in installments, or converting the consolidated fine into services for the preservation, improvement, and restoration of environmental quality.

Payment of the consolidated fine – that is, the fine amount consolidated by the competent authority, which may consider aggravating or mitigating circumstances, recidivism, and other applicable adjustments – must include statutory surcharges, which will accrue up to the date of signing the fine‑conversion commitment agreement or the installment‑payment commitment agreement.

The application to one of the legal solutions must include, among other requirements, an irrevocable and unappealable confession of the debt resulting from the consolidated environmental fine, including the applicable legal surcharges.

Upon receipt of the application to adhere to one of the legal solutions, a detailed report will be prepared, including a draft decision for the adjudicating authority, regarding the sanctions imposed and the need for remediation of environmental damage. If the detailed report indicates changes to the administrative sanctions proposed by the issuing party resulting in more severe sanctions, the cited party may respond within 15 days to indicate whether they still wish to adhere to the legal solution.

Following the adjudication of the infraction notice, the cited party will be summoned to pay the fine with a discount within 5 days or to file an administrative appeal within 20 days. Such summons must state that, in the event of filing an administrative appeal, there is a possibility of reinstating the infraction notice or increasing the sanctions imposed.

The regulation further establishes that the adjudicating authority will refer the case to a higher court for an ex officio appeal in the event of:

A decision dismissing an infraction notice where the indicated fine is equal to or greater than BRL 500,000; or
A decision reducing the indicated fine by more than 50% if the amount exceeds BRL 20,000.

Debts arising from fines imposed by the federal environmental agency that have not been registered as outstanding public debt may be paid in up to 60 monthly installments at the request of the cited party. In this case, the installment amount will be calculated by dividing the consolidated fine amount, plus legal surcharges, by the number of installments.

However, failure to pay any two installments, whether consecutive or not, or just one, while all others have been paid, will result in the immediate termination of the installment plan and the collection of the remaining debt, including legal surcharges. Execution of a new installment agreement will be conditional upon payment of the first installment in an amount corresponding to 20% of the remaining debt.

Finally, ICMBIO Normative Instruction No. 13/2026 allows the cited party to request a review at any time, including after the final judgment on the infraction notice, if new facts or relevant circumstances are presented justifying the inadequacy of the sanction imposed. It is worth clarifying that the review of the case cannot result in harsher sanctions, and that granting the review does not change the final and binding nature of the administrative proceeding.

ESPÍRITO SANTO

Espírito Santo institutes mandatory use of SIMPA/ES system for monitoring conditions, inspections, and environmental incidents

On February 13, 2026, the State Institute of Environment and Water Resources of Espírito Santo (“IEMA”) published Normative Instruction No. 002-N/2026, amending provisions of Normative Instruction No. 02-N/2024 and expanding the mandatory use of the Espírito Santo Environmental Parameter Monitoring System (“SIMPA/ES”).

The partially updated text of Normative Instruction No. 02-N/2024 establishes the technical criteria for the submission of results and reports of laboratory analyses of environmental parameters related to – among others – the characterization of surface and groundwater, effluents, soils, sediments, waste, reuse, and other environmental matrices relevant to licensed activities.

It is now mandatory to submit information through SIMPA/ES in the following cases (Art. 1, §2, item VII):

Monitoring of environmental compliance requirements;
Proceedings arising from environmental inspections; and
Response to environmental incidents, in compliance with the technical procedures already established in Normative Instruction No. 02-N/2024.

Normative Instruction No. 002-N/2026 also updates the list of environmental matrices whose monitoring results must be submitted through the system, now covering: Sediments, fertigation, atmospheric emissions, air quality, and noise.

The regulation also amends Article 10 of Normative Instruction No. 02-N/2024, establishing SIMPA/ES as the official tool for receiving, integrating, and managing the environmental data required by IEMA for licensing, inspecting, and responding to environmental incidents.

RONDÔNIA

Rondônia establishes state program for the settlement of environmental credits and fines

On February 04, 2026, State Law No. 6,329/2026 was published, establishing the State Program for the Recovery of Environmental Credits and Fines (“RECAM”) in the state of Rondônia.

The program aims to facilitate the settlement of non-tax debts arising from environmental violations – whether or not they are classified as outstanding debt – in the administrative or judicial phase, provided they relate to taxable events occurring up to December 31, 2024.

In order to contribute to environmental preservation and sustainable development in the state, RECAM seeks to:

Promote consensual conflict resolution;
Reduce administrative and judicial proceedings;
Increase efficiency in the collection of environmental credits; and
Accelerate the actions of the State Secretariat for Environmental Development (“SEDAM”) as well as the State Attorney General’s Office of Rondônia.

Adherence may be carried out by individuals or legal entities by signing the enrollment agreement and will entail the inclusion of all debts owed by the cited party to SEDAM, even if they were subject to previous installment plans canceled due to default.

The regulation provides for the following settlement conditions:

Lump-sum payment: A 35% reduction in the principal amount of the environmental infraction notice and a 95% reduction in late payment fines and interest.
Payment in up to 120 monthly installments: A 20% reduction in the principal amount of the environmental infraction notice and an 80% reduction in late payment fines and interest.

The minimum installment amount cannot be lower than BRL 200 for individuals and BRL 500 for legal entities. Adherence to the program entails the suspension of administrative and judicial proceedings related to the negotiated debts, but liens and guarantees remain in effect until full payment is made.

The deadline for adhering to the program is 180 days from the publication of the law and may be extended for the same period by an act of the Executive Branch, which is responsible for regulating RECAM.

SÃO PAULO

CETESB updates guidelines on the application and calculation of environmental fines

On February 19, 2026, the São Paulo State Environmental Company (“CETESB”) published Board Decision No. 007/2026/C/I, establishing guidelines for updating the criteria on the application and calculation of administrative penalties, within the scope of Technical Instruction No. 30 (“IT No. 30”) – Criteria for Calculating Fines.

Subsequently, on March 02, 2026, CETESB published the new version of IT No. 30, which consolidates and implements these guidelines.

Board Decision No. 007 assigns the authority to revise IT No. 30 to the Environmental Control and Licensing Directorate and the Environmental Impact Assessment Directorate. IT No. 30 must be disclosed internally and made available to the public on the CETESB website, reinforcing the transparency of its sanctioning criteria.

The new version of IT No. 30 systematizes the technical criteria for determining the base amount of fines, as well as the application of aggravating and mitigating factors, multiplication factors, recidivism, and daily fines, thereby guiding CETESB’s inspecting activities.

The regulation includes, among other details, specific criteria for assessing fines related to:

Air, water, and soil pollution, noise pollution, and vibration;
Pollution causing actual harm or posing a risk to human health;
Pollution resulting from transportation accidents;
Irregular operation of licensed projects, with or without an environmental impact assessment;
Violations against flora and fauna;
Non-compliance with reverse logistics rules;
Inadequate waste management;
Non-compliance with the Liquid Effluent Self-Monitoring Plan (“PAEL”);
Irregularities in the use of the State Online Solid Waste Management System (“SIGOR-MTR”) and in the issuance of the Certificate for the Transportation of Environmentally Relevant Waste (“CADRI”);
Violations in environmentally protected areas, such as water sources and Serra do Itapeti; and
Violations against the Public Environmental Administration.

Both Board Decision No. 007 and IT No. 30 reaffirm the distinction in the legal regime applicable to the calculation of fines, depending on the nature of the violation, between:

The regulations of State Law No. 997/1976 (State Decree No. 8,468/1976); and
Federal Decree No. 6,514/2008.

For specific cases of improper waste management, both regimes may be applied simultaneously, in compliance with the guidelines already established by Board Decision No. 024/2022/P, with updated monetary values.

Another relevant point is the establishment of the maximum fine limit at 10,000 São Paulo State Fiscal Units (“UFESP”) for violations under state legislation. However, in the event of a recidivism, the fine amount may be doubled.

Additionally, in cases of pollution causing significant environmental damage, IT No. 30 authorizes the imposition of a fine based on Federal Decree No. 6,514/2008 – even if there is no formal classification as actual damage or a risk to human health –, provided that the decision is duly substantiated in the administrative proceeding.

Board Decision No. 007/2026/C/I repeals both Board Decision No. 127/2019/C/I and Provision 7 of Board Decision No. 024/2022/P.

Subdivision of rural real estate and reduction of the legal reserve percentage

PARANÁ

Water and Land Institute establishes rules for the parceling and subdivision of rural real estate in Paraná

On February 19, 2026, the Water and Land Institute (“IAT”) published IAT Normative Instruction No. 07/2026, establishing definitions, criteria, guidelines, and procedures for the subdivision and parceling of rural real estate in the state of Paraná.

Prior approval for the parceling and subdivision of rural real estate must be requested based on a minimum area ensuring the economic viability of the rural real estate, which is defined according to the fiscal module established for each municipality.

Thus, the following definitions are considered:

Minifúndio (meaning “micro real estate”): Area lower than the Minimum Parceling Fraction (“FMP”)
Pequena Propriedade (meaning “small real estate”): Area between the FMP and four fiscal modules
Média propriedade (meaning “medium real estate”): Area between 4 and 15 fiscal modules
Grande propriedade (meaning “large real estate”): Area greater than 15 fiscal modules

The legislation prohibits the subdivision of micro or rural real estate with an area below that established in the FMP, set at two hectares. Only single-family occupancy is permitted to prevent population density in rural areas.

Additionally, any rural real estate – regardless of its classification as small, medium, or large – that is subdivided or parceled into areas ranging between the rural FMP of two hectares and the five-hectare limit must request prior approval by the IAT before carrying out the subdivision or parceling.

The subdivision or parceling of rural real estate with urban characteristics in violation of these rules will result in the application of the penalties provided for in Article 66 of Federal Decree No. 6,514/2008.

AMAPÁ

Amapá authorizes reduction in the Legal Reserve percentage for rural real estate located in forest areas

On February 27, 2026, the Governor of the State of Amapá issued State Decree No. 1,211/2026, authorizing a reduction of up to 50% in the Legal Reserve percentage for rural real estate located in forest areas within the state.

To qualify, the following requirements must be met cumulatively:

Rural real estate must be located in a forest area of the Amazon biome.
The real estate must be duly registered in the Rural Environmental Registry (“CAR”), with information validated by the State Secretariat of the Environment (“SEMA/AP”).
The area subject to reduction cannot cover areas of high environmental value, priority water recharge zones, ecological corridors, priority areas for biodiversity conservation, or other environmentally sensitive areas, as defined in the Amapá Ecological-Economic Zoning (“ZEE/AP”).
The intended reduction cannot compromise ecological connectivity or result in significant fragmentation of remaining forest areas.
The guidelines, restrictions, and conditions established in the ZEE/AP must be observed.

The decree establishes that the request to reduce the percentage of the Legal Reserve must be submitted to SEMA/AP through an administrative proceeding supported by minimum technical documentation, including identification and regulatory land compliance of the real estate, a georeferenced map, and a technical and environmental study.

The environmental authority will analyze the request within a preferred time frame of up to 120 days, and authorization will be granted on a case-by-case basis through specific, duly substantiated ordinances.

The authorization may impose environmental conditions such as the maintenance of ecological corridors, environmental compensation, periodic monitoring, and the restoration of sensitive areas. Failure to comply with the rules will subject offenders to the penalties provided for in environmental legislation.

The decree may be revised based on the results of environmental monitoring or on future regulatory changes.

Vegetation Suppression

FEDERAL

IBAMA changes rules for the sustainable forest management of endangered species

On February 05, 2026, the Brazilian Institute of the Environment and Renewable Natural Resources (“IBAMA”) published Normative Instruction No. 5/2026, amending Normative Instruction No. 28/2024, which establishes the procedures applicable to Sustainable Forest Management activities involving species listed in Annex II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”).

With the new wording, Normative Instruction No. 28/2024 prohibits the exploitation of timber products derived from the following species: Cedrela fissilis, Dipteryx micrantha, D. charapilla, D. rosea, Handroanthus obscurus, H. uleanus, Tabebuia fluviatilis, and T. pilosa.

Permanent Interministerial Commission for the Prevention and Control of Deforestation approves internal regulations

On February 20, 2026, the Permanent Interministerial Commission for the Prevention and Control of Deforestation published Resolution No. 1/2026, which approves its internal regulations, in compliance with Federal Decree No. 11,367/2023.

The purpose of the commission is to define and coordinate interministerial measures aimed at reducing deforestation and wildfire rates nationwide, serving as the coordinating body for federal policy on the prevention and control of deforestation across Brazil’s various biomes.

According to the internal regulations, the commission is chaired by the Minister of State for the Chief of Staff of the Presidency of the Republic, and the Executive Secretariat carried out by the Ministry of the Environment and Climate Change (“MMA”). Its composition aligns with Decree No. 11,367/2023, bringing together strategic ministries and allowing the participation, as permanent guests, of governors and federal agencies directly involved in the environmental and land agenda, such as IBAMA, ICMBIO, INCRA, the National Institute for Space Research (“INPE”), the National Foundation for Indigenous Peoples (“FUNAI”), the Federal Police, the Federal Highway Police, and the Office of the Attorney General (“AGU”).

Brazilian Forestry Service establishes guidelines for continuous improvement of regulatory quality

On February 20, 2026, the Brazilian Forestry Service (“SFB”) published Resolution No. 31/2026, establishing guidelines and procedures aimed at the continuous improvement of regulatory quality within the agency.

Resolution No. 31/2026 applies to the processes of drafting, amending, consolidating, reviewing, monitoring, and evaluating regulatory acts, except for personnel-related acts and those that contain only recommendations without legal effect. The core objective is to improve the consistency, clarity, effectiveness, and rationality of the SFB’s regulatory framework, in alignment with federal regulatory governance guidelines.

Among the main pillars of the regulation, the following stand out:

The requirement for a Regulatory Impact Analysis (“AIR”) for the issuance, amendment, or repeal of regulatory acts of general interest to economic agents or users of SFB services, in compliance with SFB Resolution No. 27/2025;
The requirement for public consultation on the preliminary text of regulatory proposals when, following the AIR, the agency opts for regulatory intervention, in accordance with Federal Decree No. 10,411/2020; and
The adoption of principles such as legality, proportionality, efficiency, reduction of bureaucracy, administrative simplification, use of clear language, and reduction of the regulatory burden.

The resolution establishes the following as operational instruments:

A formalized process for drafting, amending, or consolidating regulatory acts, including the stages of technical analysis, AIR, public consultation, legal analysis, and deliberation by the Board of Directors; and
A mandatory checklist to guide SFB units in drafting normative acts below the level of a decree, reinforcing the standardization and technical quality of the issued regulations.

RIO GRANDE DO SUL

Rio Grande do Sul implements remote monitoring and intensifies inspection of forest restoration and reforestation projects

On January 28, 2026, SEMA/RS published Service Order No. 1/2026, which establishes procedures for the remote monitoring and inspection of the implementation of environmental projects under the responsibility of the biodiversity department.

The measure covers projects for the restoration of degraded areas, mandatory forest restoration (through both planting and the conservation of equivalent areas), as well as agroforestry and sustainable extractive certifications.

The regulation institutionalizes the use of remote sensing and geospatial analysis as a regular step in monitoring these projects, based on information from the online environmental licensing system. Projects currently undergoing physical processing are not covered in this initial phase and will remain under regular monitoring.

Monitoring will be conducted annually, with a special focus on projects in their third year of implementation. If there are indications of failure in execution, the case reviewing analyst will be formally notified to take the appropriate administrative and inspection measures, with a 120-day deadline to record the measures adopted.

FEDERAL DISTRICT

Brazil’s Federal District redefines boundaries and objectives of Floresta Distrital dos Pinheiros

On February 11, 2026, Decree No. 48,271/2026 was published, amending Decree No. 38,371/2017 to define the boundaries of the Floresta Distrital dos Pinheiros (“Pinheiros District Forest”), located in the administrative region of Paranoá.

The forest area now covers approximately 570.03 hectares, distributed across two modules, as outlined in the annexes to the decree. The regulation reinforces the prohibition on activities that compromise sustainable forest management or the integrity of ecosystems, allowing the planting of exotic species only upon a technical project compatible with the unit’s objectives.

Brazil’s Federal District regulates the exceptional use of chemical control in the management of invasive exotic species in conservation units

On February 20, 2026, the Institute of the Environment and Water Resources of the Federal District (“Brasília Ambiental”) published Normative Instruction No. 06/2026, establishing procedures for the use of chemical control in the management of invasive exotic plant species in Conservation Units integrating the District System of Conservation Units (“SDUC”).

The regulation recognizes chemical control as an exceptional, complementary, and technically substantiated measure, permitted only when manual, mechanical, or biological control alternatives have been exhausted or are unfeasible. The application of chemical control must comply with the principles of precaution, legality, ecological efficiency, and environmental safety.

Authorization for the use of chemical control will depend on the prior analysis and approval of the management plan, which must include the diagnosis of the invasion, the technical substantiation, the proposed methods, risk-mitigation measures, the safety and monitoring plan, and the expected results, in compliance with the management plan for the conservation unit or, failing that, with the zoning and technical protection criteria for the area.

Among the technical criteria for authorization, the normative instruction requires:

Demonstration of the inefficiency or impracticality of alternative methods;
Assessment of the invasive species’ potential for dispersal or dominance; and
Identification of critical situations of environmental degradation or impediment to ecological regeneration.

Authorization for the use of chemical control will be valid for a maximum of two years and may be renewed following a new technical analysis and performance evaluation.

Wildfires and Use of Prescribed Fire

FEDERAL

Ministry of the Environment and Climate Change declares state of environmental emergency due to risk of wildfires in several regions of Brazil

On February 27, 2026, the MMA published Ordinance No. 1,623/2026, declaring a state of environmental emergency due to the risk of wildfires in several states, mesoregions, and specific periods, covering almost all Brazilian biomes.

The declaration of environmental emergency aims to support the implementation of exceptional measures for prevention, monitoring, rapid response, and wildfire suppression, especially in the face of adverse weather conditions, such as prolonged droughts, high temperatures, and increased vegetation vulnerability to fire.

The regulation establishes distinct time frames between 2026 and early 2027, based on the climatic and regional characteristics of each state and mesoregion. The measure covers areas in the states of Acre, Amazonas, Pará, Rondônia, Maranhão, Bahia, Ceará, Goiás, Mato Grosso, Mato Grosso do Sul, Minas Gerais, São Paulo, Paraná, Santa Catarina, Rio Grande do Sul, Pernambuco, Rio de Janeiro, Espírito Santo, Piauí, Paraíba, Rio Grande do Norte, Tocantins, and the Federal District.

RORAIMA

Roraima extends authorization cycle for the use of controlled burning

On February 09, 2026, the Roraima State Foundation for the Environment and Water Resources (“FEMARH”) published Ordinance No. 75/2026, extending the 16th Authorization Cycle for the Use of Controlled Burning and Prescribed Fire until March 06, 2026.

The regulation:

Automatically renews prescribed fire use authorizations already granted during the 16th Cycle, limiting their validity to the term of the new ordinance, that is, until March 06, 2026.
It provides that the use of prescribed fire in agro-forestry-pastoral areas without authorization from the competent environmental agency, or in violation of the granted authorization, will be considered illegal. It will additionally subject offenders to the penalty provided for in Article 58-A of Federal Decree No. 6,514/2008 (as amended by Federal Decree No. 12,189/2024), with a fine of BRL 10,000 per hectare or fraction thereof.

Family Farming

PERNAMBUCO

Pernambuco establishes State Policy to Encourage Family Farming

On February 25, 2026, the state of Pernambuco enacted State Law No. 19,186/2026, which established the State Policy to Encourage Family Farming in the State of Pernambuco.

This policy will benefit family farmers – whether individually or organized into associations, professional organizations representing rural workers, or cooperatives –who engage in productive activities in rural, urban, or peri-urban areas and who meet the following requirements:

The land held must not exceed the sum of four fiscal modules.
The labor used in the economic activities of the rural family farm or project must be predominantly family-based.
At least half of the annual gross family income must derive from the economic activities of the farm or project.
The management of the farm or project must be strictly family-based.

The policy will be regulated by the Executive Branch of the state of Pernambuco.

Environmental and Social Policies

FEDERAL

Brazil’s Federal Government establishes Sustainable Economic Development Program for the Blue Amazon

On February 11, 2026, the Ministry of Integration and Regional Development (“MIDR”) published Resolution No. 1/2026, which establishes the Sustainable Economic Development Program for the Blue Amazon, within the scope of the National Regional Development Policy (“PNDR”).

The program aims to reduce economic and social inequalities, both within and between regions, by promoting sustainable economic development, generating income, and improving the population’s quality of life, taking into account the specific characteristics and potential of the Blue Amazon. The initiative prioritizes socio-productive inclusion and the strengthening of production chains relevant to coastal communities and traditional peoples and communities, with a focus on climate risks and adaptation to climate change.

For the purposes of the program, the Blue Amazon is defined as the maritime area under Brazilian jurisdiction, encompassing the surface, overlying waters, seabed, and subsoil, as well as the coastal zone, territorial waters, as well as coastal municipalities and their immediate geographic regions, in compliance with specific regulatory criteria. Selected economic activities are covered, based on the National Classification of Economic Activities (“CNAE”), and are linked to artisanal fishing, family aquaculture, fish processing, small-scale maritime infrastructure, recycling, the circular economy, and tourism, among others, provided they have a low environmental impact.

The program establishes specific objectives aimed at strengthening artisanal fishing and sustainable aquaculture, the bioeconomy, the solidarity economy, handicrafts, community-based and regenerative tourism, as well as supporting resilient economic and urban infrastructure, research, innovation, skills development, and the sustainable use of marine resources.

Implementation will occur through four pillars of action:

Integrated governance, with coordination of federal entities, civil society, as well as educational and research institutions.
Socio-productive inclusion, with expanded access to public policies, credit, technical assistance, and productive organization.
Economic development and strategic production chains, with a territorial focus, value addition, and environmental conservation.
Research, innovation, and monitoring, involving knowledge generation, continuous assessment, and nature-based solutions for climate adaptation.

The measures will be organized into multi‑year agendas for integrated actions established by MIDR in collaboration with eligible municipalities. The first agenda will cover the period from 2026 to 2028, and subsequent editions will have a four-year duration, aligned with municipal planning cycles.

Implementation may be funded by the Federal Budget, constitutional financing funds, the National Bank for Economic and Social Development (“BNDES”), and other local and international sources. Governance will be exercised by the Chamber of National Integration and Regional Development Policies and its executive committee, with the MIDR responsible for coordinating and managing the program.

The resolution also provides for social participation, including the possibility of consulting traditional communities, as well as monitoring and evaluation mechanisms, with support from the PNDR’s Regional Intelligence Center and periodic reporting of actions to the Interministerial Commission for Marine Resources (“CIRM”).

ESPÍRITO SANTO

Espírito Santo launches Incentive Program for Research, Extension, and Technology for agriculture, livestock, and forest protection

On February 13, 2026, the Espírito Santo Institute for Agriculture, Livestock, and Forest Protection (“IDAF”) published Normative Instruction No. 002/2026, establishing the Incentive Program for Research, Extension, and Technology (“IDAF 4.0”).

IDAF 4.0 seeks to promote, through public notices and projects, initiatives focused on agriculture, livestock, and forest protection, as well as cartographic management within the territory of Espírito Santo. Initiatives must align with at least one of the following specific objectives:

Animal inspection and health
Plant protection
Forest licensing and control
Environmental regularization and geoprocessing
Health and environmental education
Development of small-scale agro-industries
Modernization of laboratory services
Land management and cartography

The proposal submission procedure is divided into two stages. The first consists of a preliminary consultation, aimed at validating the initiative’s strategic alignment through the submission of a simplified concept note. Approval at this stage does not imply approval of the final project and serves only as an admissibility requirement.

The second stage consists of submitting complete proposals, which will be analyzed based on eligibility and merit criteria, such as technical and budgetary feasibility, expected operational impact, potential for institutional implementation, and strategic alignment.

The normative instruction also governs the obligations of project coordinators, including the periodic submission of technical and financial reports, the provision of data for monitoring and evaluation, compliance with personal data protection rules (“LGPD”), and adherence to applicable intellectual property standards, ensuring the State Government the right to use the developed solutions free of charge.

Finally, the regulation provides for the implementation of a results-monitoring system, the public disclosure of IDAF 4.0 information, specific rules regarding visual identity and institutional communication, as well as the issuance of supplementary regulations by IDAF to detail operational workflows.

Payment for Environmental Services

ESPÍRITO SANTO

Espírito Santo expands target and extends the 2025 Cycle of the Reflorestar Program

On February 11, 2026, the State Secretariat for the Environment and Water Resources (“SEAMA”) published Ordinance No. 19-S/2026, amending the compliance target and extending the term of the 2025 Cycle of the Reforestation Program (“Reflorestar Program”), regulated by SEAMA Ordinance No. 032-S/2025, under the State Payment for Environmental Services Program (“PSA”).

The Reflorestar Program operationalizes the PSA in Espírito Santo, with a focus on forest restoration, maintenance of the hydrological cycle, conservation of water resources, and income generation for rural producers. The program is structured through instruments such as:

Short-term PSA, aimed at supporting the implementation of restoration;
Long-term PSA, intended to provide compensation for the maintenance of ecosystem services; and
PSA for technical assistance.

Ordinance No. 19-S/2026 raises the target from 700 to 1,400 rural real estate properties or landholdings, expanding the scope of the Reflorestar Program call for proposals.

Additionally, the regulation extends the validity of Ordinance No. 032-S/2025 for 12 months, effective from the publication of Ordinance No. 19-S/2026. The term may be terminated early if the new service target is met or by decision of SEAMA, as program coordinator.

The ordinance also provides that the term will be automatically extended if the service targets are not met within the established time frame. In that case, it will remain valid until the launch of the new cycle of the Reflorestar Program.

The remaining eligibility rules, prioritization criteria, forest restoration methods, financial benefits, and contractual obligations remain unchanged, in compliance with SEAMA Ordinance No. 032-S/2025.

REGULATION – MINISTRY OF AGRICULTURE AND LIVESTOCK (MAPA)

Decree published regulating the Fertilizer Law, in compliance with the Brazilian Self‑Control Law

On February 25, 2026, the Federal Government published Decree No. 12,858/2026, which amends the Annex to Decree No. 4,954/2004, responsible for regulating Law No. 6,894/80 (“Fertilizer Law”). The amendments aim to align the regulations with the guidelines of Law No. 14,515/2022 (“Brazilian Self-Control Law”), promoting regulatory modernization, strengthening the accountability of private entities, and using the inspection regime conducted by MAPA.

The changes introduced by the new decree focus on three structuring pillars:

Self-Control Program

Decree No. 12,858/2026 requires manufacturers, importers, blenders, and other entities in the fertilizer and agricultural input supply chain to implement mandatory self-control programs.

These programs must include systematized procedures for monitoring, verifying, and correcting non-conformities, with an approach proportional to the size of the company and the risk of the activity performed. Responsibility for product compliance is no longer centered exclusively on state inspection and now requires preventive and structured performance by agents of the regulated sector.

Agents who were registered, enrolled, or accredited prior to the regulation of self-control programs will have two years to comply with the new requirements, starting from the publication of Decree No. 12,858/2026.

Incentive Program for Compliance in Agriculture and Livestock Protection

Decree No. 12,858/2026 also regulates, within the fertilizer sector, the Incentive Program for Compliance in Agriculture and Livestock Protection, provided for in the Self-Control Law.

This is a voluntary mechanism that allows for differentiated regulatory treatment of agents with a satisfactory compliance record. To join the program, agents must meet the following criteria:

Be registered with MAPA in the corresponding regulated activity for at least two years;
Comply with the official verification procedures for self-control programs;
Submit a record of incidents showing no convictions in the last two years for serious or very serious violations with a final administrative decision;
Have no pending enforcement or payment penalties under Decree No. 12,858/2026;
Commit to sharing operational and quality-control data in the manner and at the frequency established by the agriculture and livestock inspection authority;
Comply with the security specifications for technological systems established by MAPA; and
Not be listed in the registry of employers who have subjected workers to conditions analogous to slavery.

To remain in the program, agents must:

Keep the sharing of operational and quality control data up to date, as required by the agriculture and livestock inspection authority;
Monitor and disclose compliance performance based on operational and quality-control data, in compliance with the calculation criteria established in a supplementary act by MAPA’s Agriculture and Livestock Protection Secretariat; and
Demonstrate the implementation of the self-control program, in the manner and at the frequency established in the descriptive memorandum of the registration process.

In the case of minor violations, joining Incentive Program for Compliance in Agriculture and Livestock Protection may result, for example, in the adoption of advisory or corrective measures – provided that objective criteria for eligibility, maintenance, and potential exclusion from the program are met.

New rules for administrative proceedings:

Decree No. 12,858/2026 also introduces a significant update to the sanctioning regime applicable to violations in the fertilizer sector. Among the key changes, we highlight the following:

Addition of the category of moderate violations to the previous classifications of low, serious, and very serious risk;
Alignment of fine ranges with the parameters established in Law No. 14,515/2022, considering, among other criteria, the economic size of the offender; and
Procedural adjustments regarding the investigation of violations, the imposition of penalties, and the adoption of precautionary measures.

The amendments seek to improve the proportionality and consistency of the sanctioning system, aligning it with the new agricultural protection model, based on risk management and progressive accountability.

Other significant amendments

The decree also introduces significant operational adjustments to the Annex to Decree No. 4,954/2004:

Expansion of liability throughout the production chain, subjecting all agents operating at the different stages of production, importation, commercialization, or distribution to the regulations, including third parties acting on behalf of the facility, provided that a causal link to the violation is proven.
Standardization and digitization of inspection actions through MAPA’s proprietary electronic systems for issuing documents and administrative orders.
Improvement of the rules for the enforcement of penalties and precautionary measures, detailing the applicable deadlines and administrative proceedings.

With these changes, Decree No. 12,858/2026 seeks to consolidate the transition to a regulatory model based on participatory and shared risk management as well as compliance-oriented inspections. Companies in the fertilizer sector and other agricultural input sectors subject to Law No. 6,894/80 must align their internal procedures with the new sanctioning and governance rules to maintain compliance before MAPA.

MAPA launches channel for reporting suspected new pests

On January 19, 2026, MAPA, through the Secretariat of Agricultural Defense (“SDA”), launched a dedicated channel for receiving reports of potential quarantine, exotic, or emerging pests identified in Brazil.

Open to farmers, technical professionals, companies, institutions, and citizens, the channel expands the collaborative network for phytosanitary monitoring. The information submitted will be analyzed by the SDA’s technical team, which may call upon surveillance units to conduct field inspections, collect samples, and carry out other necessary procedures.

The initiative strengthens MAPA’s strategy for early detection and pest control, expands the capacity to respond to new threats identified or considered as emerging in Brazil, and reinforces the importance of phytosanitary surveillance to prevent the entry and spread of organisms that could affect the environment, the agricultural sector, and the country’s economy.

To report a suspected case, please send an email to alertapragas@agro.gov.br with a description of the occurrence, the location, and the date it was identified, including images (when available), and contact information to assist in the technical analysis to be conducted by MAPA.

For more information: Notification and Communication of New Pests

REAL ESTATE REGULATION

ADPF 342 updated: Brazil’s Supreme Court advances in ruling on restrictions on the purchase and lease of rural real estate by foreigners

On March 18 and 19, 2026, Brazil’s Supreme Court (“STF”) resumed the hearing of ADPF No. 342, which addresses the constitutionality of restrictions on the acquisition and leasing of rural real estate by foreigners and by Brazilian companies controlled by foreign capital, as provided for in Law No. 5,709/1971.

ADPF No. 342 was filed by the Brazilian Rural Society (“SRB”) and is being heard in conjunction with Original Civil Action (“ACO”) No. 2,463, filed by the Federal Government and the National Institute for Colonization and Agrarian Reform (“INCRA”), which seeks the enforcement of these restrictions for registration purposes.

Progress of the trial

At the session held on March 18, 2026, the report was presented, oral arguments were heard, and Justice Gilmar Mendes cast his vote, which was consistent with the opinion previously issued by Justice Marco Aurélio, dismissing ADPF No. 342 and granting ACO No. 2,463.

At the March 19 session, Justices Flávio Dino, Cristiano Zanin, and Kassio Nunes Marques also agreed with this position.

Subsequently, Justice Alexandre de Moraes filed a motion for review, suspending the trial. Justices Dias Toffoli, Luiz Fux, Cármen Lúcia, and the President of the STF have not yet issued their opinions.

Preliminary outcome and procedural landscape

To date, a partial majority is in favor of:

dismissing ADPF No. 342; and
upholding ACO No. 2,463.

This outcome implies maintaining the legal restrictions currently in force.

The ruling remains suspended, with no final decision. A relevant factor is that the STF is not at full strength, which raises the possibility of a tie.

Possible effect of a tie

Under the STF’s Internal Regulations, when an absolute majority cannot be formed in a concentrated constitutionality review, the current regulatory regime remains in effect.

This landscape has already occurred in this specific case, during the ruling on the preliminary injunction – when the tie resulted in the injunction not being upheld, precisely due to the lack of a majority. On that occasion, Justice Alexandre de Moraes argued for the restraint of expansive effects and the preservation of regulatory stability, a relevant understanding for the strategic interpretation of the ruling.

Thus, in the event of another tie: