- 1.Are there any environmental provisions in your constitution? If so, please describe the provisions and their implications.
The Federal Constitution of 1988 was the first in the Brazilian system to truly engage in the protection of the environment. According to its article 225, all individuals have the right to enjoy an ecologically balanced environment, while both the government and society are responsible for the achievement of such purpose. The environmental protection also relies on other instruments constitutionally established such as the Environmental Impact Assessment, the creation of protected areas, the environmental permitting procedure and environmental liability.
- 2.What is the environmental statutory and regulatory framework? Please identify the primary environmental statutes and regulations and the agencies (at all levels) with responsibility for environmental regulation and enforcement.
The primary environmental statutes are the following:
- Federal Law 4771/1965, also known as the Brazilian Forestry Code, represented a milestone in Brazil’s legal system and ruled the protection of Legal Forestry Reserves and the Permanent Preservation Areas, playing a major role especially in rural areas.
- Federal Law 6938/1981 sets forth the National Environmental Policy and is still of importance in our legal system, as even before the Federal Constitution of 1988, Federal Law 6938/1981 had expressly established the Environmental Permitting procedure and Environmental civil liability.
- Federal Law 9.605/1998 is currently the main legal provision regarding environmental criminal liability, and foresees sanctions applicable to over 60 different crimes against the environment.
- Federal Law 9.985/2000 establishes the National System of Protected Areas and represents the main statute on the subject.
In regard to the main environmental agencies, bear in mind, at the federal level:
- IBAMA (Brazilian Institute for Environment and Renewable Resources), which is in charge of applying environmental statutes and regulations, executing the environmental permitting of activities located in strategic areas for the country and those with regional impacts;
- CONAMA (National Environmental Council) which is granted power to pass regulations applicable nationwide in several matters environmentally important, working as a body of technical specialists; and
- ICMBio (Chico Mendes Institute for Preservation of the Environment and Biodiversity), which is in charge of the management and enforcement of environmental policies in federal protected areas.
As to the state level, state environmental agencies are nowadays the most active agencies with regard to environmental permitting, and its competence for such procedure is due to environmental impacts reaching more than one municipality. Local agencies have also increased their participation in enforcement of environmental policies.
Furthermore, all environmental agencies at federal, state and local levels have powers to inspect and apply sanctions to polluters whenever the environmental damage or violation of a statute occurs within their jurisdiction.
- 3.Please identify major environmental treaties and conventions that your jurisdiction has ratified or to which it is otherwise subject (eg, Kyoto Protocol, Basel Convention, POPs)?
Brazil has ratified several international treaties regarding environmental law that have been internally consecrated through the enactment of Federal Decrees. The main treaties are:
- the Washington Convention of 1940;
- the United Nations Convention on the Law of the Sea (UNCLOS);
- the Vienna Convention for the Protection of the Ozone Layer;
- the Montreal Protocol;
- the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;
- the United Nations Climate Convention and the Kyoto Protocol;
- the Stockholm Convention on Persistent Organic Pollutants;
- the International Maritime Organization Ballast Water Convention;
- the International Maritime Organization MARPOL Convention; and
- the International Convention on Civil Liability for Oil Pollution Damage.
- 4.What is the environmental permitting process in your jurisdiction? Are separate permits required for air, water and waste? Are permits required as a condition to construction of a facility? What is the average timeline for a facility to obtain environmental permits?
Pursuant to CONAMA Resolution 237/97, there are three consecutive environmental permits, which shall be properly requested:
- Previous Permit (LP) – granted at the preliminary stage of the enterprise or activity, approving its location and conception, certifying its environmental feasibility and establishing basic requirements and conditions to be met at the next stages of its implementation. At this stage, an Environmental Impact Assessment and its corresponding report may be required if the activity has a greater potential for pollution;
- Installation Permit (LI) – authorises the construction of the facility or activity in accordance with the specifications contained in the approved plans, programs and projects, including environmental control measures and other conditions; and
- Operation Permit (LO) – authorises the operation of the activity or enterprise subsequently to the verification of effective compliance with the requirements set forth in the previously mentioned permits.
With respect to the average timeline, bear in mind that it may differ according to the complexity of the venture under permitting.
- 5.Please explain the role of a ‘social licence to operate’ in your jurisdiction.
In the Brazilian system, the social license to operate is related to the idea of transparency and proactivity of a company towards the society and the local stakeholders in general, with the aim of increasing the participation of stakeholders in the decisions made by the company. The participation of stakeholders in the permitting procedures has become usual, especially at the time of the public hearing prior to the granting of an environmental permit by the authority.
In this context, it is necessary to identify the local stakeholders and also the negative impacts that the company’s operations may generate in the community, in order to promote measures with an aim to mitigate such negative impacts and foster the engagement of the community.
- 6.Is there private ownership of oil, gas and minerals in your jurisdiction? If not, how are concessions granted and what environmental considerations apply?
According to article 20 of the Brazilian Constitution, all mineral resources, including underground resources, are owned by the federal government, meaning there is no private ownership of such reserves prior to their exploitation. Concessions are granted after a procedure of public selection of companies that demonstrate the higher capacity for the exploitation of such resources combined with better paybacks to the government. Selected companies may face the same environmental constraints as any other company.
- 7.What is the regulatory environment for renewable and alternative sources of energy and fuels (wind, solar, nuclear, biofuels, synfuels)?
Bearing in mind that Brazil has a large potential for renewable energy generation that is increased by government incentives, clean energy has become one of nation’s main key developments for international investors.
First of all, considering that renewable energies generate lower environmental impact, the monetary environmental compensation due to Federal Law 9985/2000 shall equally be lower.
Second, all renewable energy projects installed in isolated areas within the north region of the country may receive subsidies in order to stimulate clean energy development of areas lacking infrastructure. In addition, the PROINFA programme represented the main initiative of the Brazilian government in promoting renewable energy so far, especially wind power, biomass and hydro power generated by independent producers.
Furthermore, as established by Federal Law 9991/2000, all public energy distributors shall annually apply at least 0.75 per cent of its revenue in research for the development of electric system and 0.25 per cent in electrical efficiency programmes. Finally, note that renewable energy has also been subject of many tax incentives.
- 8.How are environmental laws and regulations enforced in your jurisdiction? Describe the approach to enforcement and the roles of the authorities responsible for enforcement.
In Brazil, breaching of environmental law may unfold in criminal, administrative and civil liabilities.
Environmental civil liability is subject to the strict liability regime, which imposes liability in spite of fault or negligence. As such, liability requires environmental damage and chain of causality, most decisions regarding breaches of environmental law are appealed upon the non-existence of such elements.
As to administrative liability, it is important to highlight that there are 10 different penalties applicable to those who violate administrative law, while proof of fault or negligence may or may not be necessary, depending upon the case.
Finally, criminal liability is based upon negligence or fault, and these features are essential for such liability. Hence, most appeals regarding criminal liability are usually based upon the absence of these elements.
With respect to authorities responsible for enforcement, the Public Prosecutor at the federal or state levels may judicially file a suit claiming environmental civil and criminal liabilities, as well as any other entity legally entitled to file the respective suit. As to administrative liability, environmental agencies may make use of legally established penalties, which include administrative fines and restraints, as it will be seen in question 9.
- 9.What types of administrative, civil and criminal penalties can be imposed for violations of environmental laws?
For environmental law purposes, administrative infractions are considered as any action or omission that violates rules of use, enjoyment, protection and recovery of the environment. Pursuant to Federal Decree 6514/2008, administrative penalties may consist of:
- warnings;
- fines;
- the apprehension of fauna, flora and their derivatives, or even instruments, vehicles or any other equipment used in violation of law;
- destruction of products;
- suspension of retail and manufacturing;
- embargo of works and related areas;
- demolition; or
- the suspension of activity and other restraints.
As to criminal penalties, Federal Law 9605/1998 lists over 60 different environmental crimes, with penalties that may consist of fines, restraints, community services, or even prison, while legal persons are subject to suspension of activities, embargo of works and activities and temporary closure, regardless of restriction of tax and financial incentives.
- 10.How and under what authority are air emissions regulated in your jurisdiction?
First, CONAMA Resolution 05/1989 established the National Program of Air Quality Control (PRONAR) as one of the main instruments of environmental management aiming to protect of public health and increase human development. Afterwards, CONAMA Resolution 08/1990 was approved with the purpose of setting the maximum limits of emissions for external combustion processes.
As to point sources, the main regulation currently applicable is
CONAMA Resolution 382/2006. With respect to non-point sources, pursuant to CONAMA Resolution 03/1990, states are in charge of inspecting air quality, which is why most of them have their own air quality control system and regulations.
In addition, most of Brazil’s metropolises rely on specific air pollution standards, which may indicate areas of atmospheric saturation where the installation of new point-sources may depend on mechanisms for lowering emissions.
- 11.Who is liable for environmental contamination of soil, surface water and groundwater, and is the liability based on fault or on status?
In our legal system, a strict liability regime is applicable to any environmental damage, meaning the simple ownership of polluted land and natural resources is subject to environmental civil liability, as it represents a propter rem obligation. In other words, the liability is based on status of the contaminated resource, but not on fault of the landowner. Therefore, the current landowner may be deemed liable for repairing environmental damages that already existed at the time of acquisition.
- 12.What is the law governing the remediation of contaminated property?
At the federal level, CONAMA Resolution 420/09 has established a standard procedure and with an aim to ensure the identification, public disclosure and remediation of contaminated sites. The CONAMA regulation sets out the criteria and guiding principles for checking soil quality for the presence of chemicals and establishes guidelines for environmental management of areas contaminated by such substances as a result of human activities.
At the state level, it should be highlighted that São Paulo State Law 13577/09 was passed in order to ensure that contaminated sites are subject to adequate identification, public disclosure and remediation.
- 13.What is the nature of liability for damage to natural resources and who can enforce and recover for such damages?
As stated in question 11, the strict liability regime is applicable to any environmental damages, meaning ownership of polluted land and natural resources is subject to environmental civil liability, as it represents a propter rem obligation. Therefore the new landowner can be deemed liable for repairing environmental damages that already existed at the time of acquisition.
The enforcement for recovery of such damages can be performed by either the Public Prosecutor or the environmental agency, at the judicial or administrative levels.
Regardless of such liability, new landowners may still have the right to recover from expenses for such environmental recovery, by filing a private lawsuit against the previous landowners who caused such contamination.
- 14.How are environmental issues typically addressed in property transfers or mergers and acquisitions? Are there any specific laws that govern environmental aspects of such transactions?
Given the strict liability regime consecrated in Brazil’s legal system, mergers and acquisitions demand special care while evaluating environmental liabilities.
Most cases of environmental liability from such operations involve environmental permits held by the old companies, as well as previously contaminated areas. For this reason, due diligence prior to the merger or acquisition is highly recommended, as it is extremely important to undertake analysis of all permit procedures at the environmental agency with the purpose of addressing any violations or liabilities that may have been found.
Moreover, the analysis of previous environmental records of the company is highly recommended in order to fully understand the history of the company’s environmental issues. Finally, an environmental clearance certificate from the environmental bodies and public attorneys is very important for the knowledge of any remaining environmental issues.
- 15.What environmental laws apply to the shutdown or sale of a facility?
In the Brazilian system, there are no specific laws applicable to the shutdown or sale of a facility. However, note that, depending on the activity being shutdown, it may be necessary to obtain authorisation from the environmental agency responsible for the permitting procedure, in order to ensure that the shutdown is being properly executed, and there is no contamination or environmental liabilities whatsoever left behind.
As for the sale of a facility, the same measures mentioned in item 14 above are recommended in order to separate environmental obligations between the previous owner and the new owner.
- 16.Does your jurisdiction regulate or provide incentives to conduct environmental audits or assessments? If so, please describe.
At the federal level, there are technical norms that set the guidelines for the carrying out of environmental audits (International Organization for Standardization – NBR ISO 14010, NBR ISO 14011 and NBR ISO 14012). However, at the state level, several states have passed laws with the aim of making the environmental audits mandatory on a recurrent basis for certain ventures, especially those with a higher complexity level and most significant environmental impacts.
As for environmental assessments, most of them are requested by the environmental bodies at the permitting procedure, or whenever necessary for the remediation of contaminated natural resources, meaning they are mostly performed at the request of the environmental body.
- 17.Are there any requirements for the conduct of environmental assessments or environmental impact assessments, such as a condition to obtaining a permit or in connection with a transfer of real property? If so, describe.
At the federal level, CONAMA Resolution 01/86 foresees the minimum content of environmental impact assessments, while most state agencies have also set their own requirements for the approval of environmental impact assessments that may vary according to the complexity of the activity assessed. Furthermore, the process for conducting and receiving approval of environmental assessments is set forth in CONAMA Resolution 237/97.
- 18.What is the process and timetable for conducting and receiving approval of environmental impact assessments?
Once an environmental permit is requested, the applicant shall provide the environmental agency with sufficient information as to allow a previous understanding of the activity and environmental impacts it could generate. Therefore, once such information is gathered, the Environmental Agency might request more specific assessments from the applicant, in accordance with the complexity of the activity and its effects. For instance, oil exploration activities are legally bound to demand specific studies, given their potential for causing environmental damage.
The environmental agency thereafter issues a document to be used as a reference for the applicant upon the preparation of environmental assessments. Such document brings the necessary content for providing the agency with the information considered relevant for the approval of the project under analysis, based on CONAMA Resolution 01/86. In case the environmental assessment is considered insufficient, the agency may demand complementary information or even deny the permit requested.
With respect to the timetable, kindly note that article 14 of CONAMA Resolution 237/97 sets forth that the environmental agency may establish different deadlines for analysis for each category of license (LP, LI and LO), because of the peculiarities of the activity and project involved, as well as for the formulation of additional requirements, provided the maximum period is of 6 months from the act of filing the application up to its acceptance or rejection, except in cases where there are complex environmental assessments or public hearing, when the period shall be of 12 months. Nevertheless, it is important to highlight that such terms are only used for reference purposes, and most environmental bodies in Brazil do not apply them strictly.
- 19.How are water rights allocated and transferred?
Federal Law 9433/97 establishes the National Policy on Water Resources, according to which the granting of use of water resources aims to ensure the quantitative and qualitative control of water use and the effective exercise of rights concerning access to water.
With respect to water rights, article 12 establishes that the following activities are subject to the obtaining of a grant:
- the collection of water in a watercourse for final consumption, including public supply, or input into the production process;
- the extraction of water from an underground aquifer for final consumption or input into the production process;
- the release of water sewage and other liquid or gaseous waste in the watercourse, treated or untreated, with the purpose of dilution, transport or disposal;
- the exploitation of hydroelectric potential; and
- other uses that alter the system, the quantity or quality of water existing in a watercourse.
Moreover, note that all grants shall be conditioned to the use priorities established in the Water Resources Plan and shall comply with the class in which the watercourse is framed. Also, the granting of use of water resources should preserve the multiple uses of the watercourse.
Finally, it is important to highlight that the transfer of water rights to a third party shall retain the same characteristics and conditions of the original grant when approved by the licensing authority and shall be subject to new administrative act appointing the new holder, according to article 2 of Resolution 16/2001 of the National Water Resources Council – CNRH.
- 20.What regulatory requirements apply to the discharge of industrial wastewater in your jurisdiction?
As seen in question 19, the discharge of any waste substances in the watercourse, whether liquid or gaseous, with the purpose of dilution, transport or disposal, is subject to a grant, following the established in Federal Law 9433/97.
CNRH Resolution 16/2001 sets forth that the granting of the right to use water for industrial discharge will be given in amount of water needed to dilute the pollutant load, which can vary over the timetable of the grant, and shall be based on the standards of water quality corresponding to the class of the receiving watercourse and specific criteria defined in the relevant water resources plan or by relevant agencies. Still at the federal level, CONAMA Resolution 357/2005 sets forth the conditions and standards for discharge of wastewater, which must be complied with.
At the state level, there may be different requirements for the discharge of industrial wastewater. For instance, in the state of Rio de Janeiro, it is mandatory that the discharge of industrial wastewater is performed upstream of the point of collection, with the aim to ensure that all the precautions are taken into account by the industry, since it will be recapturing its own diluted wastewater.
- 21.Are greenhouse gas emissions regulated in your jurisdiction? If so, describe the regulatory regime.
Federal Law 12187/2009 represents Brazil’s commitment to addressing greenhouse gas emissions. This law sets forth the National Program of Climate Change, through which the country undertakes to reduce greenhouse gas emissions by up to 38.9 per cent by the year of 2020.
Furthermore, with respect to the Clean Development Mechanism foreseen in article 12 of Kyoto Protocol, it is worth mentioning that Brazil also relies on such instrument for the achievement of GHG emission reduction goals. Pursuant to Federal Decree 7390/2010, along with CDM, the government also promotes renewable energy generation and decrease of deforestation. CDM is also enforced by Federal Decree 7404/2010, which regulates the National Policy on Solid Waste.
Finally, it is important to note that industries shall have its emissions duly assessed and restrained by the environmental agency, as the case may suggest, upon the application for an environmental permit.
- 22.Are there any chemicals or products that are subject to special environmental requirements in your jurisdiction, such as asbestos or PCBs?
Following the international trends, several Brazilian states have prohibited the use of any material containing asbestos. Furthermore, at the federal level,
CONAMA Resolution 307/2002 sets forth that civil construction waste contaminated with asbestos is classified as hazardous waste, and must be properly handled and sent for adequate disposal.
With respect to PCBs, note that Brazilian legislation has prohibited the production of PCBs since 1981. Moreover, as mentioned in question 3, Brazil has ratified the Stockholm Convention on Persistent Organic Pollutants (POPs), which has been enforced through Federal Decree 5472/2005. Therefore,
the production of PCB has been prohibited with no exceptions, while its use was restrained to a few allowances foreseen in the convention. Also, state environmental bodies may equally set higher restraints for the use of PCBs and other POPs.
- 23.What legal protections are afforded to patrimony or cultural heritage (protected areas, flora, fauna, species) and environmentally sensitive areas (wetlands, ecosystems)?
Pursuant to Federal Law 9985/2000, there are 12 different kinds of environmentally protected areas divided into two groups: areas of sustainable use and areas of full protection. In areas of sutainable use, the exploitation of natural resources shall be performed harmoniously with the purpose of safeguarding renewability of such resources and ecological features of the environment, in order to maintain biodiversity and promote development in a sustainable manner. On the other hand, areas of full protection are those in which ecosystems shall be free from human interference, as their natural resources shall only be of indirect use.
With respect to fauna, Federal Law 5197/1967, also known as the Fauna Protection Law, sets forth that animals of any species and in any stage of development living out of captivity shall constitute wildlife fauna and are considered property of the government. Flora protection is mainly enforced by Federal Law 4771/1965, also known as the Brazilian Forestry Code, which establishes the most important rules on the subject, as well as special rules for removal of protected vegetation. Also, as one of Brazil’s most important ecosystems with incredible biodiversity, Mata Atlântica gained its own protection Law (Federal Law 11428/2006), which is the main legal instrument for regulating use and enjoyment of such ecosystems in harmony with its protection. Moreover, bear in mind that Brazil has a ratified Washington Convention, which is enforced through IBAMA Resolutions, setting forth the main regulations on the protection of endangered fauna and fauna.
Finally, the Federal Constitution of 1988 sets forth in article 216 that Brazilian cultural heritage consists of assets that bear reference to the identity, action and memory of the various groups that form the Brazilian society. Therefore, the government, in cooperation with communities, shall promote and protect the Brazilian cultural heritage, by means of inventories, registers, vigilance, monument protection decrees, expropriation and other forms of precaution and preservation. Accordingly, IPHAN is the main federal agency in charge of such protection and its competence includes the authorisation for projects in areas surrounding relics, as well as applying sanctions to those who anyhow damage cultural heritage.
- 24.What constraints are there on availability of landfills for disposal of waste?
Availability of landfills for disposal of waste has become one of the major environmental concerns for the Brazilian government, considering that the country does not rely on sufficient authorised landfills for the adequate treatment and disposal of all waste generated in the country.
Nevertheless, bear in mind that the Brazilian system consecrates the strict liability regime as far as environmental damages go. As an effect, it is highly recommended that all companies hired for the transportation and disposal of solid waste have their environmental permits up to date and valid.
Furthermore, considering the hazards that irregular disposal of waste may give rise to, the State of Rio de Janeiro has launched an ambitious programme aiming to replace all irregular landfills with duly permitted ones over the next decade, through partnerships between the state government, municipalities and private entities. Still, presently most Brazilian states do not have enough landfills for adequate disposal of waste.
- 25.What regulations or government initiatives are there in your jurisdiction relating to extended producer responsibility or to sustainability?
Federal Law 12305/2009 sets forth the “reversed logistics system”, meaning all manufacturers, retailers and distributors of pesticides, batteries, tires, lubricating oil, fluorescent lamps and electronic devices and their components, shall take these products back after consumption, regardless of the public garbage collection service.
- 26.What right does the public have to access documents and reports filed with regulatory authorities? Describe the nature of and process for securing any protections for confidential business information.
Federal Law 10650/2003 grants to all individuals access to any document or administrative procedure regarding environmental matters under safeguard of all agencies part of the National Environmental System (SISNAMA). Such data may include information regarding environmental quality, policies, inspections, audits, accidents, emissions, toxic and dangerous substances, biological diversity and genetically modified organisms.
Federal Law 10650/2003 also ensures the confidentiality of any commercial, industrial, financial or any other secrecy protected by law, as well as those related to internal communications of governmental organizations and entities. Any individual with access to such information shall assume the obligation of not using them for commercial purposes, under the penalties of civil, criminal and copyright laws, as well as industrial property.
- 27.What are the rights of the public or NGOs/environmental groups to participate in environmental permitting or enforcement of environmental laws? Is such participation typical?
Once the environmental impact assessment required for environmental permitting is accepted by the environmental agency, it is subject to a public hearing for the presentation of the project. On such an occasion, the applicant must explain to society all potential environmental impacts that may be caused by the project and the proposed remedies for these impacts, as well as the compensating measures for those unable to be eliminated or mitigated; all of the community’s questions, doubts and concerns must be answered. NGOs, environmental groups and, most importantly, citizens frequently take part in such hearings.
At the judicial level, pursuant to Federal Law 7347/1985, environmental damages are subject to public class actions for demanding an affirmative covenant or indemnifying environmental damages caused. Furthermore, Federal Law 4717/1965 regulates “popular” action, which can be employed for the protection of the environment and recovery of any environmental damage.
This lawsuit can be filed by any citizen.
- 28.What are the most significant current trends in environmental regulation and enforcement in your jurisdiction?
Recently, the Ministry of Environment has passed regulations relating to the permitting procedure of key developments in Brazil, such as offshore oil & gas exploitation, electric power transmission, federal roads and seaports. These new regulations provide straightforward procedures for classification of each new project among different categories, which may require more or less complex environmental assessments. Likewise, new regulations established terms to be complied with by both the applicant and the environmental agency, considering the need for increasing the efficiency of permitting procedures.
Finally, bear in mind that such regulations have also reinforced the obligation of obtaining environmental permits for old developments that are still operating without environmental authorisation, which opens a significant possibility for reassessing projects that were implemented decades ago, with lower environmental concerns.
- 29.Identify and describe the significance of any noteworthy court litigation in your jurisdiction regarding the environment.
Among the several noteworthy decisions reached by Brazilian courts relating to environmental liability, the following should be highlighted:
- Special Appeal No. 948921 (2009) – the Superior Court of Justice ruled the inapplicability of statute of limitation to environmental damages, meaning that the environment must be recovered from damages regardless of when such damages occurred. In the words of Judge Herman Benjamin, “there is no vested right to pollute or degrade the environment. Time cannot heal persistent environmental illegalities, considering that future generations lack voice and representatives to speak on their behalf. Decades of environmental misuse of a farm do not safeguard the owner or leaseholder for the continuation of prohibited acts nor make legal practices prohibited by the legislation, especially in the context of inalienable rights”.
- Special Appeal No. 1056540 (2009) – the Superior Court of Justice recognised the right to recover relating to environmental damages under the strict liability regime. In such case, Judge Eliana Calmon stated that “if the person responsible for an environmental disaster can be identified, it has the responsibility to repair the damage, even if jointly with the current owner of the property damaged”.
- 30.What features of your jurisdiction’s environmental laws are not covered by the previous questions?
The main features of the Brazilian environmental laws not covered by the previous questions are:
- Protection of private lands: The protection of private lands was consecrated in our legislation 20 years ago and has improved since then. Private Reserves of Natural Resources (RPPN) grant to owners of lands with relevant natural features the possibility of protecting such areas legally and perpetually from pollutant activities. In accordance with the established in Federal Law 9985/2000, RPPN are created before ICMBio upon the request of the land owner interested in protecting its environmentally relevant features. Consequently, ICMBio shall evaluate if the area for which legal protection is requested complies with requirements set forth in regulations.
- Genetically Modified Organisms (GMOs): Those who perform activities and projects involving GMOs shall comply with Federal Law 11105/2005 and its regulations. Moreover, public or private organisations interested in support research involving GMO shall request the presentation of a bio-security trust certificate, to be issued by ICMBio. Should financiers of GMO projects not proceed accordingly, they may become liable for violations of law (and its regulations) that might eventually occur in the project.
- Indigenous people’s rights: According to IBAMA Resolution 184/2008, which establishes the federal procedure of environmental permitting, the National Indigenous People Foundation (FUNAI) shall identify and inform any impacts that indigenous communities may suffer with the project under permitting, as well as if mitigation measures proposed are adequate and sufficient for such impacts.
- Hazardous substances: Federal Law 12305/2010 sets forth the National Policy of Solid Waste, which regulates hazardous substances. Pursuant to Federal Law 12305/2010, hazardous substances are defined as flammable, corrosive, reactive, toxic, pathogenic, carcinogenic, mutagenic or teratogenic, representing significant risk to public health or any other environmental feature. Therefore, all activities that generate hazardous substances are bound to prepare a plan for the management of solid waste, while its environmental permit shall only be granted upon the proof of economic capacity for supporting all risks and obligations arising from the proper management and disposal of such waste.
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