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.

The future of agricultural mechanization: Planning, innovation, and financing

The agricultural machinery sector faces a landscape with strong growth potential, driven by the expansion of cultivated areas and an outdated fleet. However, this potential is constrained by high credit costs, international volatility, and reliance on public resources.

In 2024, the sector’s revenue reached BRL 62 billion. The projection for 2025 is BRL 68 billion, representing a 10% increase. Despite this, financing totaled BRL 27.6 billion, with only 36% benefiting from subsidized interest rates, well below the historical average of 60%.

Within this context, the capital markets have taken a leading role. Instruments such as Rural Product Notes (“CPR”), Agribusiness Receivables Certificates (“CRA”), Agribusiness Credit Bills (“LCA”), and Investment Funds in Agribusiness Production Chains (“FIAGRO”) grew by more than 300% between 2022 and 2024, offering an almost unlimited source of funding. The future points to hybrid models, combining subsidized credit and private financing, creating the conditions for innovation and modernization.

To secure the future of agricultural mechanization, the goal is clear: strategic planning must look beyond the next harvest and focus on the coming decades, accelerating the transition to new financing models and guaranteeing global competitiveness.

For more information, access:

The future of agricultural mechanization: Planning, innovation, and financing.

Third EcoInvest auction offers agribusiness opportunities

At the close of 2025, the third EcoInvest auction was held – a government program that combines public and private capital to boost sustainable projects. This edition mapped approximately 15 segments, with an emphasis on agribusiness chains, such as biofuel production (SAF – Sustainable Aviation Fuel, biogas and biomethane, bioinputs, and biofertilizers).

Financial institutions interested in participating can submit proposals by January 07, 2026.

The major innovation in this edition is EcoInvest’s entry into equity investments, in addition to traditional debt instruments. The goal is to structure investment funds similar to private equity, with allocations distributed over a five-year period. These funds must include at least 15% foreign investors and allocate 20% to early-stage companies (venture capital companies). If this percentage cannot be met, resources may be directed to institutions such as Embrapii and Scientific, Technological, and Innovation Institutions (“ICTs”).

The model establishes that the Brazilian National Treasury will transfer resources to banks at an annual interest rate of 1%. Half of the subsidized amount will remain in the banks’ treasury. These institutions must use part of the spread (the difference between the cost of borrowed funds and their yield) to purchase foreign exchange derivatives, thus offering protection to foreign investors against the appreciation of the Brazilian real over five years. The other half will be allocated to EcoInvest investment funds at an annual cost of 5%, either through proprietary asset managers or partner companies.

These resources will be injected into the fund (either via loans or quota subscription), but will not be used to finance operations. Instead, they must remain invested, and any excess return will serve as a support to attract additional capital. The idea is to establish a first-loss mechanism that mitigates portfolio risk in high-risk projects.

Through this structure, EcoInvest aims to attract private capital and reduce risk, providing opportunities for large sector aggregators and encouraging innovation in agribusiness and environmentally sustainable projects.

For more information, access:

The third EcoInvest auction is coming and offers opportunities in agribusiness.

BNDES estimates BRL 73.7 billion in sustainable investments following public call on climate

The Brazilian Development Bank (“BNDES”) announced that its public call for climate mitigation initiatives has the potential to attract BRL 73.7 billion in sustainable investments, having received 45 proposals from investment funds.

The initiative seeks to combine public and private resources to accelerate the energy transition and reduce carbon emissions, aligning Brazil with global decarbonization and sustainable development goals.

The proposals request BRL 21 billion in financial support from BNDES and cover initiatives in energy transition, green agriculture, climate infrastructure, reforestation, industrial process decarbonization, and forest conservation. The public call aims to identify projects with high potential for positive environmental impact and economic feasibility, creating a robust pipeline to attract domestic and international investors.

According to BNDES’ chair, the strategy involves structuring five to six funds in which BNDES Participações (“BNDESPAR”) would contribute up to 25% of the funds’ total capital, attracting the remaining resources from the market. “We aim to invest approximately BRL 5 billion and leverage an additional BRL 15 billion from the private sector.  The response exceeded expectations: 45 proposals totaling BRL 73.7 billion demonstrate Brazil’s innovation strength and potential to accelerate the green economy,” stated  BNDES’ chair.

Beyond environmental impact, BNDES emphasizes that selected projects are expected to generate social and economic benefits, such as job creation, regional development, and productive inclusion. This initiative is expected to support Brazil’s consolidation as a leader in climate solutions in Latin America, drawing foreign capital and fostering strategic partnerships.

Currently, BNDESPAR has BRL 8.4 billion allocated to funds and, with the new selection, this amount can increase by up to 60%. With this, BNDES reinforces its role as a catalyst for sustainable investments, promoting a development model that combines economic competitiveness with environmental responsibility.

For more information, access:

BNDES estimates BRL 73.7 bi in sustainable investments from climate public call

Soy Moratorium: CADE expands investigation to individuals, but STF orders suspension of proceedings

The future of the Soy Moratorium – one of the main environmental agreements in Brazilian agribusiness – remains uncertain amid escalating disputes between regulatory agencies, the production sector, and the Judiciary.

On September 30, 2025, the Brazilian Competition Authority (“CADE”) had provisionally lifted the preventive measure that halted the pact, ensuring the validity of the moratorium until December 31 and allowing negotiations among the parties. However, the Brazilian Supreme Federal Court (“STF”) has recently granted an injunction ordering the suspension of administrative proceedings regarding the legality or constitutionality of the Soy Moratorium.

In early November, CADE broadened the scope of its investigation by initiating a new administrative inquiry against 15 individuals associated with companies that had signed the agreement, seeking to determine the personal liability of executives and representatives in the implementation and monitoring of the moratorium. This measure represents an expansion of the investigations, which had previously focused on the companies and associations involved.

Within the Judiciary, the Brazilian Association of Vegetable Oil Industries (“ABIOVE”) – an entity representing Brazil’s leading soybean traders and processors – filed a petition within the scope of Direct Action of Unconstitutionality (“ADI”) No. 7774. This lawsuit, currently pending before the STF, challenges the constitutionality of a state law in Mato Grosso related to granting tax incentives to companies adhering to the pact. It further requests the suspension of all judicial and administrative proceedings in Brazil that directly or indirectly address the legality of the Soy Moratorium, due to the risk of conflicting decisions and legal uncertainty for the sector.

Within this context, Justice Flávio Dino, the reporting officer of ADI No. 7774, granted an injunction on November 05, 2025, ordering the suspension of all judicial and administrative proceedings concerning the legality or constitutionality of the Soy Moratorium until the STF issues a final ruling. The decision was endorsed by a majority of the justices, who recognized the relevance of the matter and its potential economic and environmental impacts.

In compliance with the STF order, CADE published a decision on November 11, 2025, suspending any administrative proceedings related to the Soy Moratorium. As a result, all investigations and administrative measures will remain on hold until the STF delivers a definitive judgment, placing the future of this environmental pact in the hands of Brazil’s highest court.

• The third EcoInvest auction is coming and offers opportunities in agribusiness

TAX REGULATION:

New law enacted establishing dividend taxation, minimum income tax, and exemptions

On November 27, 2025, Law No. 15,270/2025 (converted from Bill No. 1,087/2025) was published, introducing taxation on dividends, the Minimum Individual Income Tax (“IRPFM”), and expanding the Individual Income Tax (“IRPF”) exemption for earnings up to BRL 5,000.

These changes require close attention from taxpayers (including those in the agribusiness sector), particularly regarding potential measures that may still be adopted in 2025 to reduce exposure to the new dividend taxation, which will take effect as of 2026.

For more information, access: Bill No. 1,087/25: Federal Senate approves changes to the IRPF – bill will seek presidential sanction

New law enacted establishing the Special Regime for Asset Update and Regularization, and other provisions

On November 21, 2025, Law No. 15,265/2025 was published, creating the Special Regime for Asset Update and Regularization (“REARP”). The law provides for the taxation of securities lending transactions in Brazil and the taxation of hedging transactions abroad, in addition to establishing specific prohibitions on the offsetting of federal taxes..

For more information, access:

Law No. 15,265/25 – Special Regime for Updating and Regularizing Assets and Other Provisions

Brazilian Federal Revenue Service launches new compliance initiative targeting individuals in the rural sector

The Federal Revenue Service of Brazil (“RFB”) has initiated a new phase of its compliance program, targeting individuals engaged in rural activities, with a specific focus on income derived from lease agreements for rural real estate.

The initiative, named “Declara Agro – Arrendamentos”, aims to guide taxpayers on the correct taxation of such income, supporting self-assessment and regularization. According to the RFB, taxpayers who comply and correct their returns by January 30, 2026, will avoid official penalties.

STF resumes debate on tax incentives for pesticides

In a session held on November 19, 2025, the STF resumed the trial of Direct Actions of Unconstitutionality (ADI No. 5553 and ADI No. 7755) challenging the tax benefits granted to agricultural pesticides, particularly the exemptions from the Tax on the Circulation of Goods and Services (“ICMS”) and the Tax on Industrialized Products (“IPI”) provided under ICMS Agreement No. 100/1997 and provisions of Constitutional Amendment No. 132/2023.

The new session exposed a three‑way division within the Court:

• The reporting officer, Justice Edson Fachin, supported by Justice Cármen Lúcia, voted to declare the incentives unconstitutional based on the principles of environmental and health protection, supporting the State’s duty not to subsidize products deemed harmful.
• In dissent, Justice Cristiano Zanin aligned himself with Justices Luiz Fux and Dias Toffoli, recognizing the full validity of the benefits as legitimate instruments of agricultural policy and competitiveness.
• Justice Flávio Dino, aligning with Justice André Mendonça, issued a partial dissent in which he recognized the constitutionality of tax incentives for agricultural inputs, arguing that Constitutional Amendment No. 132/2023 had incorporated this policy into the Constitution.

In light of the divergent positions and the relevance of the tax, environmental, and agricultural matters involved, the trial was suspended and will be resumed at a later date Among the issues that remain unresolved are whether periodic review of the benefits will be required, the compatibility between favorable tax treatment and environmental protection, and the financial implications for states and producers.

State of São Paulo introduces new tax benefits for yeast-derived products

The Government of the State of São Paulo has published Decree No. 70,024/2025, introducing significant changes to the São Paulo State ICMS Regulation (“RICMS-SP”).

The decree establishes specific tax rules for domestic transactions involving yeast-derived products, classified under  MERCOSUR’s Common Nomenclature (“NCM”) 2102.20.00 and originating from the sugarcane fermentation process.

The regulation introduces two provisions to the state tax code:

Article 361-A – ICMS deferral on first sale:

The ICMS deferral will now apply to the first domestic sale of inactive dry, autolyzed, hydrolyzed, cell wall, and extracted yeast. This mechanism postpones the ICMS collection to the following stage in the supply chain, thus reducing the immediate financial impact on manufacturers and distributors.

Annex I, Article 183 – Exemption for pet food production:

Domestic transactions involving the same products will be exempt from ICMS when destined exclusively for the production of pet food, reinforcing policies aimed at stimulating the pet segment and agroindustrial chains linked to sugarcane.

The decree took effect on November 01, 2025, allowing companies in the sector to adjust their processes and evaluate opportunities to leverage new incentives.

ENVIRONMENTAL REGULATION:

Legal Reserve

GOIÁS

Goiás establishes procedures for analysis and approval of Legal Reserve

On November 03, 2025, the State Secretariat for Environment and Sustainable Development (“SEMAD”) published SEMAD Normative Instruction No. 23/2025, providing for administrative procedures and technical criteria for the analysis and approval of the Legal Reserve. The normative instruction also provides for the rules for relocation, compensation, and implementation of collective or condominium Legal Reserves.

The regulation stipulates that the analysis and approval of Legal Reserves will be carried out through the Rural Environmental Registry (“CAR”), except in cases provided for in the normative instruction. It further defines technical criteria for location, prioritizing areas with greater conservation of native vegetation, less fragmentation, and connectivity with other protected areas.

Additionally, the normative instruction regulates procedures for environmental licensing, establishing that the Legal Reserve approval may occur within the scope of land-use conversion, including the conditions for title rectifications and CAR updates. It also establishes rules for off‑property relocation, compensation, and the creation of collective Legal Reserves, requiring, among other conditions, that they be located within the same biome and expanded in area to ensure environmental gains.

Finally, the normative instruction provides for compensation rules in cases of vegetation suppression, as well as criteria for regularization and integration of control systems, ensuring compliance with state and federal legislation.

Rural Insurance

FEDERAL

National Council of Private Insurance establishes environmental, social, and climate guidelines for rural insurance

On November 04, 2025, the National Council of Private Insurance (“CNSP”) published CNSP Resolution No. 485/2025, establishing guidelines on environmental, social, and climate-related issues applicable to rural insurance.

The regulation requires that areas covered by rural insurance contracts be identified by geodetic coordinates and registered in the CAR. It prohibits the execution of contracts for real estate not registered or with suspended registration, as well as for activities in areas embargoed by environmental authorities or located in conservation units, Indigenous lands, Quilombola communities, or undesignated public forests, except as provided for in specific exceptions.

The resolution also prohibits contracting by policyholders listed in the registry of employers who have subjected workers to conditions analogous to slavery, establishes risk mitigation criteria, requires insurers to comply with the guidelines before underwriting, and further mandates specific clauses in contracts for reporting non-compliance.

The regulation will take effect 180 days after publication and authorizes the Superintendence of Private Insurance (“SUSEP”) to issue complementary regulations for its implementation.

Environmental Rural Registry

PARANÁ

Paraná establishes procedures for automated analysis of Rural Environmental Registry

On November 03, 2025, the Government of the State of Paraná published Decree No. 11,711/2025, establishing procedures for applying Articles 3 and 13 of Law No. 18,295/2014, with a focus on streamlining the analysis of information declared in CAR at the state level.

The regulation introduces mechanisms for the automated CAR analysis, enabling corrections and adjustments based on certified cartographic data, satellite imagery, and official technical criteria, with the aim of enhancing speed and accuracy in the environmental regularization of rural real estate.

The decree defines concepts such as the National Rural Environmental Registry System (“SICAR”), the Environmental Regularization Program (“PRA”), and the Degraded Area Recovery Project (“PRADA”). It also provides that the automated analysis may correct information regarding Permanent Preservation Areas (“APPs”), Legal Reserves, restricted-use areas, and administrative easements, without prior request.

Additionally, any real estate with its CAR analyzed and deemed compliant may request the cancellation of annotations related to commitment terms recorded in real estate registries. The state will offer free technical assistance to owners of real estate – including up to four fiscal modules – and may enter into cooperation agreements for the preparation of PRADAs and regularization measures.

RIO GRANDE DO SUL

Rio Grande do Sul regulates procedures for analysis and validation of the Rural Environmental Registry

On November 19, 2025, the State Secretariat for Environment and Infrastructure in collaboration with the Henrique Luiz Roessler State Foundation for Environmental Protection (“FEPAM”) published SEMA/FEPAM Joint Normative Instruction No. 9/2025, establishing administrative procedures for the analysis, validation, amendment, and cancellation of rural real estate registrations in the Rural Environmental Registry (“CAR”).

The regulation defines the procedures for validating the information submitted to the CAR for the purpose of certifying the environmental compliance of rural real estate with existing legislation, particularly in relation to APPs, Legal Reserves, restricted‑use zones, and consolidated areas. It also specifies that the analysis will be conducted through the SICAR module, with the option to use automated mechanisms and state cartographic databases. The normative instruction creates the Owner/Holder Portal as the official channel for monitoring analyses as well as submitting documents and corrections. Additionally, it establishes the CAR Management Committee, responsible for defining technical criteria and monitoring the progress of ongoing analyses.

Among its key provisions, the instruction outlines procedures for validating property boundaries, permissible area discrepancies, and overlaps with settlements, Indigenous lands, conservation units, and embargoed areas..

The normative instruction also sets deadlines for responding to notifications (120 days) and provides for the cancellation of the CAR after one year of suspension due to a lack of regularization. The regulation addresses the analysis of land use and cover, APPs, and Legal Reserves, establishing criteria for issuing notifications and requiring supporting documentation, as well as rules for amendments to registrations and for CAR cancellation in specific cases, such as overlaps or improper registration.

The regulation reinforces that, while the environmental authority has not ruled on pending issues, CAR registrations will be considered effective for all legal purposes. The normative instruction also authorizes field inspections and requires that registration information be updated whenever there is a change in ownership or possession. With these measures, the state aims to ensure greater legal certainty and transparency in the CAR validation process, aligning it with the Forest Code and federal regulations.

MINAS GERAIS

Minas Gerais establishes guidelines for CAR analysis and regularization of Legal Reserve areas

On November 19, 2025, the State Secretariat for Environment and Sustainable Development (“SEMAD”), the State Environmental Foundation (“FEAM”), and the State Forestry Institute (“IEF”) published SEMAD/FEAM/IEF Joint Resolution No. 3,390/2025, establishing procedures for the analysis of the CAR of rural real estate in Minas Gerais and specifying the documentation required to support regularization processes of Legal Reserve areas.

The regulation establishes technical and administrative criteria for validating information declared in the CAR, including verification of real estate boundaries, APPs, consolidated areas, anthropized areas, and the location of Legal Reserves. The analysis will be conducted through the SICAR analysis module, prioritizing real estate associated with environmental licensing, intervention authorizations, or judicial proceedings. Notifications may be submitted via the Owner/Holder Portal, with a 120-day period for corrections, under penalty of registry suspension.

The regulation also sets permissible limits for discrepancies in area measurements and overlaps with other real estate, settlements, conservation units, and Indigenous territories, as well as rules for automatic rectification by the environmental authority in specific cases.

Finally, the regulation reinforces that the CAR registration is a prerequisite for Legal Reserve regularization and that previous administrative acts will be observed, ensuring legal certainty. The resolution also repeals SEMAD/IEF Joint Resolutions No. 3,132/2022 and SEMAD/FEAM/IEF No. 3,353/2025.

TOCANTINS

Tocantins establishes new geospatial bases for CAR analysis

On November 12, 2025, the Nature Institute of Tocantins (“NATURATINS”) published Ordinance No. 265/2025, providing for the adoption of new official geospatial vector bases for CAR registrations in the state of Tocantins.

The measure took effect on December 01, 2025, and is a mandatory reference for registration, technical analysis, validation, and other procedures related to CAR.

The regulation establishes the following official bases:

• Hydrography from the Brazilian Foundation for Sustainable Development (“FBDS”);
• Land use and cover from the MapBiomas Project, in its latest version available for Tocantins;
• Slope map generated from the digital terrain model derived from the SRTM/NASA mission.

References must be used in all geospatial analyses, thematic cross-checks, and validations carried out by NATURATINS, ensuring greater precision, uniformity, and technical reliability in the processes. The ordinance also allows for the incorporation of other geospatial bases upon technical evaluation and specific normative act.

Its implementation does not invalidate previous analyses, but requires that any further analysis and review comply with the references adopted. Processes already concluded using different bases may be reviewed upon specific request. NATURATINS is responsible for the management, updating, maintenance, and institutional availability of the defined bases.

For more information, access:

NATURATINS publishes ordinance establishing new official vector bases for Rural Environmental Registry

Waste use in agriculture

SANTA CATARINA

Santa Catarina establishes guidelines for waste use in agriculture, forestry, and industrial processes

On November 14, 2025, the State Environmental Council (“CONSEMA”) of Santa Catarina published CONSEMA Resolution No. 290/2025, establishing guidelines and criteria for the use of waste classified as Class I, IIA, or IIB as inputs in agriculture, forestry, industrial or construction processes, as well as procedures for environmental licensing and technical control.

The regulation stipulates that the use of such waste may only occur upon a specific Environmental Authorization (“AuA”) issued by the competent environmental authority, linked to the validity of the project’s operating license.

Activities such as co-processing, thermal treatment of waste, energy recovery in boilers, recycling of uncontaminated materials, and destinations authorized by the Ministry of Agriculture are excluded from the scope of this resolution. The AuA requirement is waived for situations involving reuse by the generator itself or the use of Class IIB waste, provided that other applicable regulations are met.

The resolution defines technical concepts such as waste characterization and classification according to Brazilian Association of Technical Standards (“ABNT”) standards, criteria for environmentally appropriate final disposal, and parameters for toxicity assessment (“FT”). Generators must submit a detailed description of the origin process, technical reports on physicochemical and ecotoxicological characterization, and classification according to NBR No. 10004, with analyses performed exclusively by laboratories accredited by the National Institute of Metrology, Quality and Technology (“INMETRO”). For Class I waste, an ecotoxicity test with standardized organisms is mandatory, following specific technical procedures.

Recipients must submit a complete project to obtain the AuA, including: Process flowchart; Description of waste incorporation;
Percentage and quantity to be used; Emission and effluent control systems; Functional and environmental assessment of the product; Identification of the technical team responsible, with Technical Responsibility Annotation (“ART”). The regulation sets FT toxicity limits and rules for temporary storage, in compliance with ABNT standards. It also requires that waste transportation comply with the Waste Transport Manifest (“MTR”) provided for in state legislation.

Use of prescribed and controlled burning

RORAIMA

Roraima extends authorization cycle for controlled burning and prescribed fire

On November 07, 2025, the State Foundation for Environment and Water Resources published FEMARH/PRES/DIRAF/DRH Ordinance No. 1,167/2025, extending the 16th authorization cycle for the use of prescribed fire and controlled burning in the state of Roraima.

The ordinance extends the authorization period for burning activities until December 06, 2025, maintaining the provisions established in the Roraima State Plan for Deforestation and Burn Control (“PPCDQ/RR”) and the guidelines of the National Policy for Integrated Fire Management. It also provides that authorized burns may be suspended based on a technical assessment by the State Committee for the Prevention, Control of Burns, and Wildfire Suppression, using monitoring data from the National Institute for Space Research (“INPE”) and alerts issued through the State Wildfire Prevention and Suppression System (“SEPCIF”).

The use of fire in agroforestry‑pastoral areas without authorization, or in violation of the terms of the issued authorization, will be considered illegal burning, subject to a fine of BRL 10,000 per hectare or fraction thereof, in compliance with Decree No. 12,189/2024.

Additionally, the ordinance establishes operational requirements for prescribed burning activities, including:

• Prior notification of neighboring landowners;
• Advance communication to Civil Defense and the Fire Department;
• Maintenance of firebreaks;
• Availability of water sources and suppression equipment; and
• Execution only during safe burning windows – after the first rains and under low‑wind conditions;
• All of which aim to ensure adequate risk mitigation and prevent the spread of wildfires.

Special regularization program

GOIÁS

Goiás extends deadlines for Special Regularization Program and repeals provisions on land subdivision

On November 19, 2025, SEMAD published SEMAD Ordinance No. 585/2025, amending Ordinance No. 753/2024, which established the Special Regularization Program, aiming to extend its validity period and repeal provisions related to land subdivision.

The regulation extends to two years – counted from November 13, 2024 – the period during which unlicensed or unregistered agents responsible for projects or activities may regularize their status, including their eligibility for the discounts offered under the program. This extension applies to activities such as animal confinement, irrigated perennial agriculture, and projects involving dams, provided that corrective registration or licensing is requested within the established period.

In addition to the extension, the regulation repeals item IV of §1 of Article 4, Section IV on “Land Subdivision Activities”, of Chapter III, as well as Article 8 of Ordinance No. 753/2024.

Environmental licensing

FEDERAL

Senate approves creation of Special Environmental License for strategic projects

On December 03, 2025, the Federal Senate approved Provisional Measure No. 1,308/2025, converted into Bill of Conversion No. 11/2025, which creates the Special Environmental License (“LAE”) for projects deemed strategic by the Federal Government.

Bill No. 11/2025 now proceeds to presidential sanction. The LAE will apply to activities or projects defined as strategic by decree, based on the biennial proposal of the Government Council. Among the expressly listed cases are reconstruction and repaving works on existing highways connecting federal units, such as BR-319, which links Porto Velho (in Roraima) to Manaus (in Amazonas). The regulation also allows projects that use environmental resources and cause significant environmental degradation to request the LAE, provided that they comply with the established conditions.

Finally, Bill No. 11/2025 removes the provision for financing technical assistance to affected communities, which was included in the previous version of the text. It also reinforces that the LAE does not eliminate the obligation to comply with environmental and social conditions addressed in the legislation.

For more information, access: Senate approves creation of special environmental license; bill proceeds for presidential sanction

Congress overturns vetoes and reinstates provisions of the General Environmental Licensing Law

On November 27, 2025, the Brazilian National Congress overturned 52 executive vetoes of Law No. 15,190/2025 (“General Environmental Licensing Law”), reinstating provisions regarding the waiver and simplification of environmental licensing, entrepreneurs’ responsibilities, and the definition of the competencies of federal, state, and municipal authorities. The Presidency will now promulgate the sections rejected by the Brazilian Parliament.

Among the reinstated provisions are rules allowing the waiver of environmental licensing for specific activities until the universalization targets addressed in Law No. 14,026/2020 are met. The waiver covers activities such as maintenance and improvements of existing highway infrastructure, power and gas pipeline installations, and basic sanitation works.

Provisions simplifying licensing for lower-impact projects were also reinstated, such as small or medium-sized activities with low or medium pollution potential, which may use the Environmental License by Adhesion and Commitment (“LAC”), upon the applicant’s commitment to comply with predefined requirements established by the licensing authority.

Another relevant point is the possibility of issuing the Corrective Operating License (“LOC”) to regularize activities operating without an environmental license, subject to conditions proportional to the identified impacts. The law also reinforces that environmental restrictions imposed on entrepreneurs must have a technical justification and a direct link to the project’s impact.

By overturning the vetoes, the law restores greater autonomy to federative entities to define concepts such as activity size, pollution potential, and typologies subject to licensing. It also allows states and municipalities to establish criteria for applying the LAC. Additionally, the regulation also relaxes the requirement for prior consent from federal agencies for vegetation suppression in the Atlantic Forest, making such consent advisory rather than mandatory if there is a delay in response.

With the vetoes overturned, the General Environmental Licensing Law takes effect with provisions that expand simplification and flexibility in licensing, establishing new parameters for strategic works, rural activities, and infrastructure projects, while maintaining the need for technical studies and conditions proportional to environmental impacts.

For more information, access: Congress overturns 52 vetoes on the General Environmental Licensing Law

MATO GROSSO

Mato Grosso establishes procedures for environmental licensing of energy cogeneration in ethanol plants

On December 02, 2025, the State Environmental Council (“CONSEMA”) of Mato Grosso published CONSEMA Resolution No. 75/2025, establishing the criteria and procedures for the environmental licensing of energy cogeneration activities in facilities dedicated to producing ethanol from sugarcane. The regulation aims to integrate cogeneration licensing into the main industrial activity’s licensing process.

The resolution defines key concepts, such as:

• Primary energy – energy available in nature without transformation.
• Secondary energy – resulting from the conversion of primary energy, such as electricity or petroleum derivatives.
• Energy cogeneration – combined production of thermal and mechanical/electrical energy from a single source, such as sugarcane biomass.
• Environmental Control Report (“RCA”) – a simplified document for low-impact projects.

Cogeneration licensing will be carried out in a single process, jointly with the ethanol industry’s licensing, and will be considered an ancillary and complementary activity. Technical documents and studies must be submitted in an integrated manner, ensuring a unified environmental analysis. For expansions, an environmental impact study will not be required, and submission of the RCA will suffice.

The regulation emphasizes that cogeneration must follow the same licensing class and typology assigned to the main facility and provides measures for simplification and efficiency, aligned with the National Environmental Policy and the National Environment Council (“CONAMA”) resolutions.

PARANÁ

Paraná regulates environmental licensing for biodigesters with biogas energy recovery

On November 13, 2025, the Water and Land Institute (“IAT”) published IAT Normative Instruction No. 24/2025, establishing definitions, criteria, guidelines, and procedures for the environmental licensing of biodigesters intended for biogas energy recovery in the state of Paraná.

The regulation applies to the licensing of biodigesters designed for the treatment of industrial, urban, or rural effluents and organic waste, as well as for the energy recovery of biogas generated in existing sanitary landfills. Additionally, the resolution defines essential technical concepts such as anaerobic biodigestion, biogas, biomethane, digestate, and solid waste, and establishes parameters for classifying projects according to size and category.

Among its key provisions, the instruction establishes the types of environmental licensing, which may be:

• Three-phase (Preliminary License, Installation License, and Operating License);
• Two-phase; and
• Single-phase (Simplified Environmental License), in addition to establishing specific procedures for the regularization and expansion of projects. IAT Normative Instruction No. 24/2025 also establishes necessary administrative procedures, such as:
  • Declaration of Exemption from Environmental Licensing;
  • Licenses by Adhesion and Commitment;
  • Simplified Licenses;
  • Preliminary, Installation, and Operating Licenses;
  • Environmental and forestry authorizations.

Moreover, the normative instruction establishes standards for liquid effluent discharge, parameters for agricultural use of digestates, requirements for specific projects, safety measures for biodigester operation and biogas handling, rules for waste and effluent transportation, location criteria for project implementation, and guidelines for mitigating environmental impacts.

REGULATION – MINISTRY OF AGRICULTURE AND LIVESTOCK (MAPA)

Federal Government recognizes certification bodies for agricultural sustainability programs

On November 17, 2025, the Brazilian Federal Official Gazette published MAPA/MF Interministerial Ordinance No. 27, recognizing certification bodies and Participatory Organic Conformity Assessment Bodies (“OPACS”) responsible for three strategic programs of the Ministry of Agriculture and Livestock (‘”MAPA”): Integrated Production (“IP Brazil”); Good Agricultural Practices (“BPA”); and Organic Production.

The regulation implements CMN Resolution No. 5,229/2025, which establishes bonuses for producers adopting sustainable practices, thereby strengthening the governance of certifications used to access rural credit based on environmental criteria.

Key provisions include:

• Recognition of certification bodies and OPACS authorized for IP Brazil, BPA, and Organic Production programs, valid until June 30, 2026.
• Integration of information into the Agro Brasil + Sustainable Platform (AB+S), which will provide a compliance verification solution – essential for interest rate reductions in financing under Plano Safra.
• Responsibility of certifiers and organizations to keep all data on classification, inclusion, or exclusion of certified producers updated on the platform.
• Penalties for certifiers and producers in the event of non-compliance with sustainable practice criteria, including loss of bonuses.
• A consultation platform for financial institutions to verify certification validity before granting credit.

In case of VGM infrastructure unavailability, a contingency system will ensure automatic continuity of program access, and rural producers will be notified of activation and deactivation of contingency levels through communication channels listed on MAPA’s website.

For more information, access: MAPA/MF Interministerial Ordinance No. 27

MAPA launches management dashboard for monitoring Plano ABC+

On November 03, 2025, MAPA launched the Management Dashboard of the ABC+ Plan, a tool that consolidates the results of technologies promoted by the Sectoral Plan for Adaptation to Climate Change and Low-Carbon Emission in Agriculture and Livestock (“Plano ABC+”), focusing on transparency and monitoring of national mitigation and adaptation targets.

The dashboard enables national and state-level performance assessment of the ten sustainable technologies (“SPSABC+”) promoted by the plan, including practices such as:

• Recovery of degraded pastures;
• No-till farming;
• Crop-Livestock-Forest Integration Systems (“ILPF”);
• Planted forests;
• Bioinputs;
• Irrigation;
• Management of animal production waste;
• Intensive finishing systems.

The request for import authorization will be submitted for analysis by MAPA and, if authorized, may be valid for a single import operation or multiple import operations, depending on the associated health and phytosanitary risks and the characteristics of the product.

The initiative results from partnerships between the Secretariat for Rural Development (“SDR/MAPA”) and the Federal Data Processing Service (“SERPRO”) through a Technical Cooperation Agreement (“ACT”), and between the SDR and the National Council for Scientific and Technological Development (“CNPq”) through a Decentralized Execution Term (“TED”).

Among the key points discussed in the regulation are:

• Consolidation of metrics for the ten SPSABC+ technologies, enabling analyses at national and state levels.
• Availability of information on databases, methodologies, and glossaries used in building the dashboards.
• Integration with the Integrated Information System of the Sectoral Plan (“SINABC”), strengthening the ABC Platform.
• Strategic partnerships for technological development and promotion of sustainable practices.

MAPA updates list of quarantine pests present in Brazil

On November 12, 2025, MAPA published SDA/MAPA Ordinance No. 1,443/2025 – through the Secretariat of Agricultural and Livestock Defense –, amending the list of quarantine pests present in Brazil, as established in the Annex to Normative Instruction No. 38/2018.

The regulation adds new occurrence areas for two pests already monitored by MAPA under specific national prevention and control programs:

• Rhizoctonia theobromae (Ceratobasidium theobromae) – affecting cassava crops; detected in Almeirim (PA).
• Xanthomonas campestris pv. viticola – affecting grapevine crops; detected in the state of Rio Grande do Norte.

Key points:

• The newly included areas will follow the rules of national phytosanitary prevention and control programs for the handling of host plants.
• For cassava, handling affected material from affected areas to pest-free regions is prohibited to prevent pest spread.
• The update reinforces the importance of phytosanitary surveillance and control of host plant handling activities.

Enforcement of these measures lies with state plant protection agencies, with official information available on MAPA’s website.

For more information, access: SDA/ MAPA Ordinance No. 1,443/2025

Decree modernizes oversight of plant-based products and consolidates agricultural regulations

On October 31, 2025, Decree No. 12,709 was published, unifying the regulation of plant-based products under numerous sectoral laws, including Law No. 14,515/2022, which established self-monitoring as the cornerstone of agricultural defense. The regulation represents a significant step forward by consolidating rules and aligning Brazil with international practices.

The decree sets technical standards to ensure compliance of plant-based products, including:

• Sensory normality, quality, and quantity of the components;
• Absence of harmful substances, contaminants, and deterioration;
• Compliance with microbiological and physico-chemical limits;
• Adoption of good manufacturing practices and appropriate technological processes; and
• Preservation and presentation compatible with safe consumption.

Quality and identity standards will be established in complementary normative acts, and in the absence of such standards, the Codex Alimentarius may be used as a reference.

Traceability and recall

The decree requires all agents in the plant production chain – including producers, distributors, retailers, and importers – to implement traceability mechanisms for each product batch, supported by systematic and auditable records that allow identification of origin and monitoring handling across the entire supply chain. Information must remain available for inspection for 18 months after the product’s expiration date or shipment.

The decree establishes rules for recall procedures, which must be initiated when deficiencies or non-conformities are identified posing risks to consumer, plant, or animal health. In such cases, the responsible party or importer must immediately remove the product from the market at their own expense.  This obligation includes halting commercialization, segregating the batch, and implementing the prescribed corrective measures, which may occur at the initiative of the operator, by order of the supervisory authority, or by administrative decision. MAPA will issue risk alerts with information on recalls and actions to be taken by involved parties.

Oversight and Inspecting Authorities

The decree establishes the Brazilian Inspection System for Plant-Based Products (“SISBI-POV”) to ensure identity, quality, and hygienic-sanitary safety of plant products. Implementation will occur under a voluntary adherence regime, with equivalent systems among the Federal Government, states, municipalities, and public consortia. MAPA is responsible for coordinating SISBI-POV and carrying out activities such as adherence audits, establishment and product registration, self-monitoring oversight, import/export certification, compliance program management, and other actions to mitigate agricultural defense risks.

Infractions and Penalties

Applicable penalties include warnings, fines, product condemnations, registration suspensions or cancellations, enrollments or accreditations, and revocations of professional authorizations. Minor infractions corrected prior to an official notice will not be recorded, in compliance with Law No. 14,515/2022. Fines range from BRL 100 to BRL 150,000, with a 10% increase for repeat offenses. Suspension or cancellation penalties may be converted into fines through a Conduct Adjustment Agreement (“TAC”). If it is accepted by MAPA, it will have the effect of an extrajudicial enforceable title.

Penalty assessment will consider the risk associated with the infraction, prior records, and mitigating or aggravating circumstances, ensuring proportionality and effectiveness in holding agents accountable.

Transition rules

The decree took effect on October 31, 2025, with immediate application, except for:

• Guidelines for identifying facility and product registration and mandatory labeling descriptions for online product offers, which will take effect 90 days after publication, subject to complementary regulation;
• Adjustments to beverage registration information for name changes, which will take effect 730 days after publication.

According to MAPA, omitted cases or questions regarding the new rules and requirements under Decree No. 12,709/2025 will be resolved by the Department of Inspection of Plant-Based Products.

For more information, access: Decree modernizes inspection of products of plant origin and consolidates agricultural and livestock rules.

REAL ESTATE REGULATION

Committee simplifies probate for small rural real estate

On November 12, 2025, the Committee on Agriculture, Livestock, Supply, and Rural Development of the House of Representatives approved Bill No. 3,720/2025, introducing significant changes for family farmers and small rural producers.

Among these changes, the bill authorizes that real property belonging to the estate of up to four fiscal modules may be probated directly at a notary’s office, without requiring an attorney, provided all heirs are legally competent and agree on the division.

The waiver of attorney involvement in simple probate proceedings represents a major shift, reducing costs and time to regularize rural real estate, which often remain under irregular ownership due to difficulties in completing probate proceedings. This measure may facilitate the transfer of rural real estate used in numerous operations, preventing disruptions caused by succession issues.

Despite the simplification, it is essential to ensure that the division is carried out with technical rigor, avoiding defects that could lead to nullities or future disputes. The possibility of using the public deed of probate to update records with the National Institute for Colonization and Agrarian Reform (“INCRA”) and the RFB also contributes to integrating and updating registrations.

The bill is being processed under a conclusive procedure and will be reviewed by the Committee on Constitution, Justice, and Citizenship. To become law, the bill must be approved by both the House of Representatives and the Federal Senate.

Senate discusses ratification of public land registrations in border zones

On November 07, 2025, the Senate Plenary approved Bill No. 4,497/2024, which addresses the ratification of real estate records resulting from alienations and concessions of federal lands in border zones carried out by the states. The text now returns to the House of Representatives for review.

Bill No. 4,497/2024 establishes that the responsibility for registration lies with notary’s offices – under INCRA’s supervision –, which will have five years to certify compliance with the social function of the real estate, as required by the Federal Constitution. The bill amends both the Public Records Law (Law No. 6,015/1973) and Law No. 13,178/2015, which governs land regularization in border zones.

The purpose of the bill is to ensure legal certainty for real estate records in border zones and eliminate requirements deemed unnecessary or impractical, aligning with STF decisions and the guidelines of the National Agrarian Reform Plan and of the National Agricultural Policy.

The proposal eliminates discrepancies among state-level regulations, bringing uniformity to the ratification process and greater predictability for real estate operations and rural credit transactions, ensuring legal certainty for the procedure.

Additionally, the five-year certification period by INCRA reinforces compliance with constitutional standards, potentially impacting unproductive or environmentally-liable real estate.

The measure is expected to unlock investments and regularize large areas, favoring structured operations, leases, and financing.