Law 13.576 on National Biofuels Policy (RenovaBio) and Decree 9.308 ( 2017 )

The present law establishes the National Biofuel Policy - RenovaBio, and details for its principles, objectives, fundamentals and instruments. RenovaBio provides for 1) Biofuels certification, 2) the goals of reducing GHG emissions in the fuel matrix and 3) issue and trading decarbonisation credits(CBios ). Normative Resolution 14/2017 sets the strategy for RenovaBio. Decree 9.308 details the application…read more

Law 13.186 on the Policy for Education on Sustainable Consumption ( 2015 )

The law introduces a Policy for Education on Sustainable Consumption in order to "encourage adoption of consumer practices and production techniques that are ecologically sustainable" (Art 1). The law defines "sustainable consumption" as "use of natural resources in order to provide quality of life for the present generation without compromising the needs of future generations" (Art…read more

Law 13.203 on Renegotiation of the hydrological risk of electricity generation and other matters related to electricity generation ( 2015 )

The Law 13.203 adds some benefits for renewables, and changes a number of measures in the local electricity sector. It seeks to resolve Brazil's hydrological risk and create a new subsidy model to increase the attractiveness of renewable investments. Under the new law, the hydropower generating companies can protect themselves against droughts with the permission to buy…read more

Law 12.805, establishing the National Policy on Farming-Livestock-Forest Integration ( 2013 )

The law establishes the National Policy on Integration of Farming, Livestock and Forestry to mitigate deforestation caused by these activities, supporting best practices that promote the development of these sectors in a sustainable manner, ultimately contributing to the recovery of degraded areas. The law also foresees the promotion of environmental education, targeting schools and agents…read more

Law No. 12.651 – on the protection of Native Forests ( 2012 / Mitigation and adaptation Framework )

This Law regulates the protection, and sustainable use and exploitation of native forests and other indigenous plants. The Law aims to promote the economic development of Brazilian selected areas by recognising the existing native forests and other indigenous plants as Brazilian wealth and confirming the preservation of National forests, habitats, biodiversity, soil conservation and water…read more

Law 12.144/2009, and Decree 7.343/2010 establishing the National Fund on Climate Change (NFCC) ( 2009 )

NFCC resources may be directed to REDD+ projects, with priority being given to natural areas under threat as well as relevant biodiversity conservation strategies. Resources may be channelled to society and ecosystem adaption to climate change. The NFCC may fund activities related to the development and diffusion of technologies for the mitigation of GHG emissions.…read more

Law 12.187/2009, establishing the National Policy on Climate Change (NPCC), regulated by Decree 7.390/2010 ( 2009 / Mitigation and adaptation Framework )

This law creates the NPCC with the following key areas of concern: combining climate protection with socio-economic development; reducing anthropogenic GHG emissions from all its sources and strengthening GHG sinks; adaptation; preservation, conservation and recuperation of national biomes; land use and reforestation measures; and the development of a national cap-and-trade mechanism. The NPCC is based…read more

Law 11.284/2006, establishing the management of Public Forests, Brazilian Forest Service and National Fund for Forest Development ( 2006 )

This law establishes principles for the management of public forests for sustainable production; institutes, within the structure of the Ministry of Environment, the Brazilian Forest Service (BFS); and creates the National Fund for Forest Development. In order to attest compliance with the forest management principles established by this bill, forest concession-holders should undertake independent forest…read more

Law 11.097/2005 establishing the Mandatory Biodiesel Requirement, Laws 13.033 and 13.263 ( 2005 )

The Law 11.097 (amending Law 9.478 of 1997) introduced biodiesel in transportation energy mix of Brazil. Under the law and subsequent resolutions by the National Council of Energy Policy (Conselho Nacional de Politica Energética, CNPE) implementing the requirements of the law, the mandated minimum increased from 2% biodiesel by 2008 and 5% by 2013, 5 to 6% in…read more

Law 10.438/2002, establishing the Programme of Incentives for Alternative Electricity Sources (PROINFA) ( 2002 )

This Law creates the PROINFA, the largest national plan to promote the use of alternative energy sources, as well as other programmes. Regarding energy supply-side policies PROINFA’s implementation is co-ordinated by Eletrobras (a publicly traded company controlled by the government) and divided into two consecutive stages. The first stage sets a target power production value…read more

Law 10.295/2001, establishing the National Conservation and Rational Energy Use Policy and Decree 4.059/2001 ( 2001 )

This Law creates the National Conservation and Rational Energy Use Policy charged with ensuring the efficient allocation of energy resources and protecting the environment. The law determines that one year after the Executive Power publishes the required levels of energy consumption and efficiency, a Targets Programme should be established to monitor the progressive evolution of…read more

Laws No. 9.991 and 13.280 on Energy Efficiency in the electricity sector and on National Program for Energy Conservation Funds ( 2000 )

Law 9.991 provides for the realization of investments in research and development and in energy efficiency by concessionaires, licensees and authorized companies of the electric energy sector, and makes other provisions. Through the Law No. 13,280 (which amends Law 9.991) the National Program for Energy Conservation (Procel) became entitled to 20 per cent of the funds that electricity…read more

Decree No. 9308 – establishing the annual compulsory targets for greenhouse gas emission reduction related to fuel trade referred to in Law No. 13.576 ( 2018 )

This Decree establishes annual compulsory targets for greenhouse gas emission reduction related to fuel trade, which is dealt with in art. 6 of Law 13.576, for a minimum period of ten years. Targets are defined by the National Energy Policy Council (CNPE), in accordance with the provisions of this Decree. The goals emphasise the improvement…read more

Decree no 9.179 on administrative infractions and penalties to the environment ( 2017 )

The present decree amends Decree No. 6,514, of July 22, 2008, which provides for administrative infractions and penalties to the environment and establishes the federal administrative process for the determination of these infractions, in order to dispose of the conversion of fines. Article 140  (on the preservation, improvement and recovery of the quality of the environment)…read more

Decree No. 8.972 – creates National Policy for the Recovery of Native Vegetation ( 2017 )

This Decree creates the National Policy for the Recovery of Native Vegetation -Proveg. It establishes its objectives and guidelines, and defines its governance. Proveg has within its main objectives to articulate, integrate and promote policies, programmes and actions that encourage the recovery of forests and other forms of native vegetation; and  to promote the environmental…read more

Decree No. 9.082 – establishing the Brazilian Forum on Climate Change, and Decree No. 9759  – dissolving the Forum. ( 2017 )

  This Decree creates the Brazilian Forum on Climate Change. This Forum on Climate Change aims to raise awareness and mobilise society and contribute to the discussion of actions needed to address global climate change, in accordance with the provisions of the National Policy on Climate Change and the United Nations Framework Convention on Climate…read more

Agricultural Sector Plan for mitigation and adaptation to climate change and for the consolidation of a low carbon economy in agriculture (Plan ABC) ( 2013 )

The Agricultural sector plan for mitigation and adaptation to climate change, called Plan ABC, aims to promote to promote the mitigation of GHG emissions in agriculture by improving the efficiency in the use of natural resources, increasing the resilience of productive systems and rural communities and enabling the adaptation of the agricultural sector to climate…read more

Health Sector Plan for Mitigation and Adaptation to Climate Change ( 2013 / Mitigation and adaptation Framework )

…read more

Industrial Sector Plan for mitigation and Adaptation to Climate Change ( 2013 )

This industry sector plan for the mitigation and adaptation to climate change, for the period 2012-2020, aims to maintain efficiency in emissions on specific sectors that are in a good international benchmarking position, to create a structure for monitoring, reporting and verification of GHG emissions, the institutionalization of inventories of emissions in all medium and…read more

Mining Sector Plan for mitigation and adaptation to climate change – Plan for low carbon mining ( 2013 / Mitigation and adaptation Framework )

This Mining Sector Plan aims to promote a sectoral analysis, based on a preliminary assessment, taking into account the National Mining Plan 2030 and projections of Brazilian Mining Institute (IBRAM), as well as direct consultations with companies in the sector to reduce GHG emissions in mining, through initiatives of the companies themselves to reduce emissions…read more

Transport Sector Plan for mitigation and adaptation to Climate Change ( 2013 )

This plan of the transport and urban mobility sector for climate change mitigation and adaptation aims to contribute to the mitigation of greenhouse gas emissions in the sector, through initiatives that lead to the expansion of the transportation infrastructure and the greater use of more energy efficient transportation. Regarding the urban mobility sector, its objective…read more

National Energy Efficiency Plan ( 2011 )

The National Energy Efficiency Plan (PNEf) was published by the Ministry of Mines and Energy. It presents the existing regulatory framework and instruments and actions in a number of economic sectors and areas. It also makes suggestions for improvement and further actions in each area; these include: studies, incentive mechanisms, capacity-building, financing, regulation, improved management,…read more

National Plan on Climate Change (from Decree no 6.263) ( 2008 / Mitigation Framework )

The Plan defines actions and measures aimed at mitigation and adaptation to climate change. One of the key objectives of the Plan is to keep the high share of renewable energy in the electric matrix. With this aim, it establishes a target of having more than 80% of the power base to be derived from…read more

Decree 6.263/2007, establishing the Inter-ministerial Committee on Climate Change (ICCC) ( 2007 )

This Decree created the Inter-Ministerial Committee on Climate Change (CIM) which was given the function of preparing the National Policy on Climate Change and the National Climate Change Plan. CIM is co-ordinated by the Office of the President of the Republic, and consists of seventeen federal bodies and the FBMC. The federal bodies that belong…read more

National Energy Plan 2030 (PNE 2030) ( 2007 )

The PNE 2030 is the first study of integrated planning of energy resources held within the Brazilian government, and prepared by the Ministry of Mines and Energy of Brazil (MME). It proposes a strategic direction for expansion of energy supply. Its estimate of future electricity needs is based on a forecast percentage growth in demand…read more

Decree establishing the Inter-ministerial Commission on Climate Change (CIMGC) ( 1999 )

This Decree establishes the Inter-ministerial Commission on Climate Change (CIMGC), composed of nine ministries and headed by the Ministry of Science and Technology, for the purpose of co-ordinating discussions on climate change and integrating the government’s policies in these ministries. The CIMGC provides input on the government’s involvement with the UNFCCC and sets criteria and…read more

Economy-wide

NDC Laws and National Policies

37% reduction in GHG emissions by 2025 compared to 2005

Economy Wide | Base Year Target | Target year: 2025 | Base year: 2005

Source: NDC

Reduce between 36.1% and 38.9% of its projected emissions by 2020 against a 2010 baseline

Economy Wide | Base Year Target | Target year: 2020 | Base year: 2010 | Source(s): Law 12.187... (2009 / Legislative)

Energy

NDC Laws and National Policies

10% efficiency gains in the power supply

Supply-Side Efficiency: Power Generation Efficiency Improvement

Ethanol – encourages industry to achieve an average annual consumption increase of 11% by 2017. Produced from crops raised in areas de ned in the Sugarcane Zoning Program, currently being implemented, it should prevent the emission of 508 million tCO2 during the period.

Renewable Energy | Trajectory Target | Target year: 2017 | Base year: 2007 | Source(s): National P... (2008 / Executive)

18% sustainable biofuels in the energy mix by 2030

Renewable Energy: Biofuels | Target year: 2030

34,460 MW from new hydropower plants to be added to the system in accordance with the schedule of works of the Ten Year Energy Plan (2007-2016)

Renewable Energy | Fixed Level Target | Target year: 2016 | Base year: 2007 | Source(s): National P... (2008 / Executive)

45% renewables in the energy mix by 2030; 23% renewables in the power supply by 2030

Renewable Energy | Target year: 2030

Source: NDC

Encouragement of the use of water solar power heating systems, reducing electricity consumption in 2,200 GWh per year by 2015 against a 2007 baseline

Renewable Energy | Trajectory Target | Target year: 2015 | Base year: 2007 | Source(s): National P... (2008 / Executive)

Biodiesel – ongoing studies to anticipate from 2013 to 2010 the obligation to add 5% to diesel by 2010 against a 2007 baseline

Biofuels | Fixed Level Target | Target year: 2010 | Base year: 2007 | Source(s): National P... (2008 / Executive)

Energy from wind and sugarcane bagasse – Increasing the share of these sources in the electric matrix through specific auctions of renewable energy. More than 7,000 MW of renewable sources will be implemented by 2010 in accordance with the results of the Program of Incentives for Alternative Sources of Electric Energy – PROINFA and the auctions already carried out.

Renewable Energy | Fixed Level Target | Target year: 2010 | Base year: 2007 | Source(s): National P... (2008 / Executive)

Increase electricity supply from cogeneration, mainly from sugarcane bagasse, to 11.4% of the total supply in the country, in 2030, corresponding to 136 TWh by 2030 against a 2007 baseline

Fuels | Trajectory Target | Target year: 2030 | Base year: 2007 | Source(s): National P... (2008 / Executive)

Reduction of non-technical losses in the electricity distribution at a rate of 1,000 GWh per year over the next ten years, which currently are around 22,000 GWh per year. This will represent a reduction in energy wastage of 400 GWh per year. On average, around 25% (100 GWh per year) of this energy will no longer be produced by thermo power plants. by 2017 against a 2007 baseline

Energy Efficiency | Base Year Target | Target year: 2017 | Base year: 2007 | Source(s): National P... (2008 / Executive)

Implementation of the National Policy for Energy Efficiency that will result in a gradual energy saving up to 106 TWh/year to be reached in 2030, avoiding emissions of around 30 million tons of CO2 in that year by 2030 against a 2007 baseline

Energy Efficiency | Base Year Target | Target year: 2030 | Base year: 2007 | Source(s): National P... (2008 / Executive)

Maximum levels of energy consumption and energy efficiency for products built or sold in Brazil by N/A

Energy Efficiency | Base Year Target | Target year: N/A | Base year: N/A | Source(s): Law 10.295... (2001 / Legislative)

LULUCF

NDC Laws and National Policies

Zero illegal deforestation by 2030

Conservation | Target year: 2030

Reduction of 40% in the average deforestation rate by 2006-2009 period in relation to the average rate of the ten years reference period used in the Amazon Fund (1996-2005). For each of the next two periods of four years, reach 30% of extra reduction, in relation to the previous period. In the case of the Amazon bioma, achieving this specific objective can avoid emissions of around 4.8 billion tons of carbon dioxide between 2006 and 2017, considering a biomass carbon stock of 100 tC/ha. This value will be revaluated after the completion of the carbon stocks inventory, to be supported by the National Forest Inventory. by 2006-2009 compared with a 1996-2005 scenario

Preservation | Trajectory Target | Target year: 2009 | Base year: 1996-2005 | Source(s): National P... (2008 / Executive)

12 million ha reforestation by 2030

Reforestation | Target year: 2030

Source: NDC

By 2026, the total area with forest concessions of the Union shall not exceed twenty percent (20%) of the total area of its public forests available for concession, except for located in national forests created pursuant to art. 17 of Law 9,985 of July 18, 2000.

Preservation | Fixed Level Target | Target year: 2016 | Base year: 2006 | Source(s): Law 11.284... (2006 / Legislative)

The sustainable Forest Management Plan (PMFS) should present a geographically defined area destined to the absolute reserve, representative of managed forest ecosystems, equivalent to at least 5% (5%) of the total area granted for biodiversity conservation and evaluation and monitoring of the impacts of forest management .

Preservation | Fixed Level Target | Target year: N/A | Base year: 2006 | Source(s): Law 11.284... (2006 / Legislative)

Preserving forests at the levels stipulated in the previous objective, double the area of forest plantation from 5.5 million ha to 11 million ha in 2020, of which two million ha with native species

Afforestation | Fixed Level Target | Target year: 2020 | Base year: 2007 | Source(s): National P... (2008 / Executive)

Buildings

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.

Replacement of one million old fridges per year, for ten years, with the collection of three million tCO2eq/year of CFCs (gases that also deplete the ozone layer) by 2017 against a 2007 baseline

Energy Efficiency | Base Year Target | Target year: 2017 | Base year: 2007 | Source(s): National P... (2008 / Executive)

Transportation

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.

Levels of biodiesel and biofuel from biomass in available fuels; biodiesel at 5% (law 11.097) and 8 to 10% (law 13.033) by 2010, 2017, 2018, 2019 against 2005, 2014, 2016 baselines

Biofuels | Fixed Level Target | Target year: 2019 | Base year: 2005, 2014, 2016 | Source(s): Law 11.097... (2005 / Legislative)

Agriculture

NDC Laws and National Policies

15 million ha restoration of degraded pasturelands by 2030; 5 million ha of integraded cropland-livestock-forestry systems by 2030

Agriculture: General | Target year: 2030

Source: NDC

There are no quantifiable targets found in the laws and policies.

Coastal Zones

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Cross-Cutting Area

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Disaster Risk Management (DRM)

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Environment

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Health

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Industry

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Social Development

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Tourism

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Urban

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Waste

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Water

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Since early 2000, Brazil has employed significant political effort to adopt climate change legislation and policies. A 2007 Decree established the governance structure that developed the National Plan on Climate Change (Climate Plan). The Climate Plan provides a comprehensive framework of 25 actions to combat climate change. The framework primarily focuses on reducing deforestation. Additionally, the plan includes provisions on energy efficiency and renewable energy. It called for adding 7,000 MW of renewable energy from bagasse cogeneration, mini-hydro, and wind; increase bagasse cogeneration to 136TWh (11.4% of energy mix); add 34,460MWh from hydro; and use solar water heating to reduce energy needs by 2,200GWh/year. In the transport sector, it requires an increase in the share of rail and water transport; improve mass transit, bicycling, and river cargo. In the waste sector, the Plan calls for recovery of methane from landfills and an increase in urban solid waste recycling by 20% by 2015. The Climate Plan is currently being updated after the consultation process ended in December 2014.

The National Policy on Climate Change passed in 2009, establishing the country’s voluntary emission reduction target of 36.1% to 38.9% compared to business as usual by 2020 with 2005 as a baseline. The policy presents emission reduction targets for four designated strategic areas: deforestation (24.7%), agriculture and livestock (4.9% to 6.1%), energy (6.1% to 7.7%) and the steel sector (0.3% to 0.4%). The policy leaves specific implementation measures to be established either by decree or determined by the Second Brazilian Inventory on GHG Emissions and Reductions. It also incorporates all laws, measures and policies pertaining to climate change.

Other relevant climate legislation was approved in the context of the UNFCCC’s Conferences of the Parties. In 2010, the President passed a Decree establishing a nationwide target for annual GHG emissions of 2.1bn tons of CO2e by 2020, as compared to the current 2020 projection of 3.2bn tons CO2e. This Decree made Brazil the first developing country to institute an absolute limit to its GHG emissions. In addition to regulating features of the National Policy, such as the commitment to reduce deforestation rates by 80% in the Amazon Basin, by 40% in the cerrado (the savannah brushland that covers much of central Brazil), and to restore 35m ha of degraded land. The Decree also requires the elaboration of sectoral plans outlining mitigation actions for key economic sectors, with targets to be revised on a tri-annual basis.

Currently there are eight sectoral plans, in different phases of implementation: the Action Plan to Prevent and Control Deforestation in the Amazon (PPCDAm); the Action Plan to Prevent and Control Deforestation and Fire in the Cerrado (PPCerrado); the Low-Carbon Agriculture Plan (ABC Plan); the Ten-Year National Energy Expansion Plan (PDE); the Plan for Climate Change Mitigation for the Consolidation of a Low-Carbon Economy in the Manufacturing Industry; the Low-Carbon Mining Plan (PMBC); the Plan on Transportation and Urban Mobility for Climate Change Mitigation; and the Health Mitigation and Adaptation Plan. The mining, industry, agriculture and health plans are new plans especially prepared in attention to the climate legislation, while the other four plans pre-existed the National Policy on Climate Change and were taken as sectoral plans.

In terms of institutional arrangements, an Inter-ministerial Committee on Climate Change guides the development, implementation, monitoring and evaluation of the Climate Plan. It was established in 2007 to elaborate a preliminary proposal for the general objectives, principles and means of implementation of the National Policy on Climate Change, as well as the preliminary version of the National Plan on Climate Change. Co-ordinated by the President’s Chief of Staff, it includes representatives from 14 Ministries, the Secretariat of Strategic Affairs of the Presidency of the Republic and the Brazilian Forum on Climate Change, as a guest. Under the Inter-ministerial Committee there is an Executive Group on Climate Change, co-ordinated by the Ministry of Environment, which is responsible for developing, implementing, monitoring and evaluating the Climate Plan. There is an Inter-ministerial Commission on Global Climate Change, chaired by the Ministry of Science, Technology and Innovation, which pre-exists the climate legislation, and which articulates the government actions under the UNFCCC.

The Brazilian Research Network on Global Climate Change (Rede CLIMA), established in 2007 by the Ministry of Science, Technology and Innovation, generates and disseminates knowledge about the causes and effects of global climate change, by producing information for the formulation and follow up on implementation of public policies on climate change and by providing subsidies to Brazilian Delegations to meetings under the UNFCCC. The Brazilian Forum on Climate Change (FBMC), presided over by the President, has as its main purpose the promotion of spaces of discussion on climate change with broader segments of the society.

Sub-national level

Sub-national governments play an important role in establishing and implementing climate policies. In the past decade climate legislation has been approved in several states (for instance, São Paulo, Minas Gerais and Rio de Janeiro) and municipal districts (such as São Paulo, Rio de Janeiro and Curitiba). The first state law was created by Amazonas, which also established a dedicated body to deal with climate change issues (phased out due to budget constraints). The state of São Paulo approved a 20% emissions reduction target by 2020, considering 2005 as the base year. The cities of São Paulo and Rio de Janeiro have also assumed reduction targets. The city of São Paulo has pledged a 30% reduction, based on emissions from 2005 to 2010, and Rio de Janeiro has pledged 8% by 2012, 16% by 2016 and 20% by 2020.

Carbon Pricing

The creation of a cap-and-trade system has been foreseen since the 2008 National Plan on Climate Change. At present, discussions on the implementation of a cap-and-trade system are most developed at the subnational level. In the State of Sao Paulo, the Brazilian Emissions Reductions Market, was launched in 2004 as a joint initiative between the Ministry of Development, Industry and Foreign Trade and the Brazilian Futures Stock Exchange, to support the negotiation of carbon credits emanating from national Clean Development Mechanism (CDM) projects. Parliamentarians have put forward a series of draft laws on carbon market development, including provisions on trading over-the-counter and through stock exchanges, for both spot and futures transactions, authorised by the Brazilian Securities and Exchange Commission (CVM); the establishment of CDM Investment Funds to be structured by the CVM and the Commission on Climate Change; and multiple fiscal incentives to commercialise CERs emanating from CDM projects.

In November 2014, Brazil had 330 projects registered by the CDM Executive Board, equivalent to 4.4% of the global total, occupying the 3rd position in number of projects registered. As for the reduction of GHG emissions projected through the CDM, the Brazilian potential of registered projects until November 2014 was about 370m tons of CO2e. It means that Brazilian CDM projects registered with the UNFCCC contribute to an average reduction of GHG emissions of approximately 48m tons of CO2e per year.

Adopted in 2011, the Green Allowance establishes payments for an ecosystem services scheme aimed at combating extreme poverty while incentivising conservation. Through the Green Allowance, payments of up to BRL 300 (USD116) will be transferred quarterly for a maximum period of two years to families living in extreme poverty to develop conservation activities. The passing of a law on payments for ecosystem services reflects an emerging consensus on a new development model that seeks to align economic growth with conservation through the promotion of sustainable production, infrastructure development, environmental protection and social inclusion.

REDD+ and LULUCF

A great part of Brazil’s commitment to climate change involves measures to tackle deforestation, since 61% of the country’s GHG emissions derive from the forest sector. Alongside provisions established by the National Policy and the National Plan on Climate Change, Brazil’s commitment to its Copenhagen pledges is further illustrated by the national REDD+ draft law, which was initially proposed in 2009. Following the elections in 2010, a more comprehensive REDD+ draft law was introduced to both the Lower House and to the Senate. The proposed legislation covers ownership of tradable REDD+ credits, creating a dedicated dispute settlement procedure for activities in this area. It establishes participatory rights and benefit-sharing rules to protect the rights of indigenous peoples, traditional communities and small rural producers. It establishes multiple sources of funding for the National REDD+ System, the regularisation of the Brazilian Emission Reductions Market, the adoption of an international agreement that sanctions the use of REDD+ credits as a compensation mechanism between countries and a national compensation mechanism. The Bill acknowledges the importance of both national and sub-national levels of governance, including private actors, to the implementa­tion of REDD+.

Parallel to these developments, since 2010 the Ministry of the Environment co-ordinated the debate about development of Brazil’s National REDD+ Strategy. A draft text of the National REDD+ Strategy was prepared by the Inter-ministerial Working Group on REDD+, with the participation of around 120 representatives from the aforementioned stakeholder groups, and delivered to the Executive Group of the Inter-ministerial Committee on Climate Change in 2013. However, similar to what has happened in the Legislature, the National REDD+ Strategy has not been made public nor turned into concrete action since then. Nevertheless, in the meantime regional governments have been successfully forging local plans on REDD+.

The 2010-2020 Low Carbon Agriculture Programme adopts measures to expand sustainable practices, expand commercial forests, and decrease deforestation by promoting agricultural and forestry activities (especially in the Amazon). One of the main aims of the programme is to contribute to soil recovery by incorporating a further 4m ha of land into an integrated system that will help farmers alternate their activities between forest, crops and pasture, adopting measures to better address vegetable residue use, and extending the use of environmentally-friendly fertilisers.

Energy Supply

Brazil boasts one of the most renewable energy mixes in the world, with over 41% of its supply coming from sources such as water resources, biomass and ethanol, in addition to wind and solar energy. Hydroelectric power plants are responsible for over 79% of the electricity generated.

Renewable energy is a key driver of new climate change-related legislation, reflected in Brazil’s prominent role in the development of biofuels and the promotion of hydropower. Hydropower is the main element in the country’s clean energy matrix. The National Plan on Climate Change determines that Brazil generate more than 80% of its power from renewable energy sources through to 2030, and establishes a series of renewable energy and biofuels requirements. The plan brings forward the 5% biodiesel blending requirement, and promotes solar and wind energy. The Federal Programme of Incentives for Alternative Electricity Sources (PROINFA) estab­lishes comprehensive renewable measures that seek to increase electricity generation from non-hydropower renewable energy sources.

Energy Demand

At 1.2toe, Brazil’s per capita consumption is 31% lower than the world average of 1.8 toe. Total energy consumption increased at the rapid pace of 3 % per year between 1990 and 2008. In 2009 it decreased as a consequence of the global economic crisis. Final consumption followed the same trend as total energy consumption. Oil is the main source of energy, accounting for 40% of the country’s overall consumption. Non-commercial energy sources (wood, bagasse) come second with 32%, followed by hydroelectricity (14%), gas (7%), coal (5%) and nuclear power (3%). Industry plays an important role in final energy consumption (46%, including non-energy uses). The transport sector absorbs one-third of final consumption and is a large consumer of biomass (alcohol consumption accounts for 20% of transport consumption). The households, services and agriculture sector accounts for just 22% of final energy consumption.

The National Electricity Conservation Programme (Procel) has been operating since 1985. It is co-ordinated by the Ministry of Mines and Energy, and promotes actions in sectors including buildings, appliances, and industry. Other more recent policies promoting energy efficiency include the National Energy Plan 2030 (PNE 2030), released by the Ministry of Mines and Energy in 2007, which foresees that by 2030 Brazil will have reduced energy consumption by 10%. The Ministry of Mines and Energy is currently working on the next National Energy Plan (PNE 2050), which should be finalised in 2015.The National Climate Change Plan (PNMC) seeks to increase energy efficiency across various sectors in line with best practices, and reduce electricity consumption in around 10% by 2030 compared with a reference scenario (equivalent to savings of 106TWh), which would avoid 30m tons of CO2 emissions by 2030. The plan also involves the replacement of 1m old refrigerators per year for 10 years. The plan aims to improve energy efficiency in industry, transport and buildings.

Although not a law, the most comprehensive policy dealing with energy efficiency is the National Energy Efficiency Plan, adopted in 2011. This Plan focuses on improving the sustainability of the energy sector, including more renewable energy into the national grid, reducing grid losses, and improving energy efficiency criteria. The implementation of the Plan shall provide energy savings of 106TWh in the next two decades, equivalent to what the residential sector consumes in one year. ANEEL, the Brazilian Electricity Regulatory Agency issued a set of regulations specifying the criteria for state electricity providers to follow when investing in energy efficiency projects.

Transportation

The transport sector is the dominant end-user of fuels and oil products. At present, the share of road transport in national transport is high: 52% of freight and 95% of passenger transport. Given the scarcity of rail networks, economic growth-induced increases in goods traffic have been on the roads, increasing the demand for diesel. In 2012, road transport accounted for 90% of GHG emissions from the transport sector. Trucks using diesel fuel generated 40% of transport-related emissions and passenger cars 30%, mostly from gasoline. A unique characteristic of Brazil’s transport sector energy mix is the high share represented by biofuels. Brazil is the world’s top exporter and consumer of sugarcane fuel ethanol. However, in recent years the sector has encountered a number of difficulties, which have impacted both production and export levels.

The National Plan for Logistics and Transport (PNLT), developed by the Ministry of Transport with the Ministry of Defence and first launched in 2007, is a long-term planning document that is updated periodically. It includes a broad investment programme that aims at a shift from road towards rail and waterway freight transport. The latest edition, from 2012, determines that, based on higher logistical costs and GHG emissions of freight transport via roads, a more balanced mix of transport modes is necessary. It expects the share of rail transport to increase to 43% (from the current 30%) and waterway transport to 15% (from 13% now). In addition, the current economy-wide planning document (PPA 2012-2015), in line with the National Energy Efficiency Plan, includes a target to conserve 20TWh of electricity (compared to a trajectory without efficiency measures) through the use of more energy efficient equipment over the period. The plan also mentions increasing production of biodiesel in accordance with the national biodiesel programme.

New sectoral mitigation and adaptation plans have been elaborated for transport and urban mobility. The 2013 Transport and Urban Mobility Plan focuses on the expansion of transport infrastructure and increased use of energy-efficient modes of transport. Improvements in public transport are expected to result in a 2.7% reduction in sectoral emissions. A freight transport plan promotes actions leading to a 3% reduction compared to business-as-usual emissions, principally from a switch to rail and waterways from road.

Adaptation

The 2008 National Plan on Climate Change identified a number of adaptation interventions and potential synergies with existing programmes to combat desertification and to promote the management of watershed resources. These interventions aim to improve regional modelling of climate change impacts, promote vulnerability mapping, prepare the country for health implications of climate change, and identify the most vulnerable groups in the country. These goals fall along two general themes – increasing institutional, managerial, and legislative capacity for adaptation and promoting direct action steps for addressing impacts, risks, and particular vulnerabilities. The 2009 National Policy on Climate Change further identified specific sectors and locations in need of adaptation and proposed both short- and long-term strategies. It also established the National Climate Change Fund (FNMC) to provide financial support to climate change mitigation as well as adaptation.

Yet Brazil still lacks of a national strategy for vulnerability assessments and adaptation measures to cope with climate change. In 2011 the President created the National Plan on Disaster Risk and Response Plan, as a priority policy to deal with climate risks and extreme weather. Further to this the Centre for Disaster Monitoring and Alert (CEMADEN) was created within the National Institute on Space Research (INPE), which is linked to the Ministry of Science and Technology. The focus of CEMADEN is in monitoring and reducing the impacts of climate extremes. One of CEMADEN’s projects involves the installation of semi-automatic pluviometers to be managed by local citizens in nearly 800 communities throughout Brazil. Data will be collected to create online, open-data national monitoring maps.

In 2013 the Brazilian Climate Change Panel issued the first national assessment report on impacts, vulnerabilities and adaptation to climate change. The assessment identifies the vulnerabilities of the country in the face of global warming; evaluates the impacts in key sectors of the economy and society, according to the climate projections until the end of the century; and identifies studies on, and measures for, adaptation to climate change in place until 2012.

The Presidency of Brazil, through its Secretariat of Strategic Affairs, has been in charge of an ambitious study on adaptation, covering various sectors and using various climate change scenarios downscaled by INPE. The outcomes of this strategic study serve as the basis for an inter-ministerial Adaptation Working Group established in 2013 to prepare Brazil’s National Adaptation Plan.

Sao Paulo Public Prosecutor’s Office v. United Airlines and Others (Opened in 2014 )

Citation/reference number: Civil Appeal Nº 000292010.2014.4.03.9999/ SP; 2014.03.99.0029204/ SP
Jurisdiction: Brazil
Core objective(s): Seeking reforestation to offset the emission of greenhouse gases and other pollutants
Current status: Decision pending

The Public Prosecutor of Sao Paulo brought a group of several cases seeking to compel airlines that make use of the region's international airport to offset their emissions. The court is expected to consolidate the cases against the various defendants: United Airlines, TAAG Linhas Aéreas de Angola, Delta Airlines, Cia. Mexicana, Emirates Airlines, Aerolineas Argentinas,…read more

Chiaradia v. Environmental Federal Agency (IBAMA) (Opened in 2011 )

Citation/reference number: 2011/0046149-6
Jurisdiction: Brazil
Core objective(s): Declaration of the nullity of the administrative penalty (fine), issued by the Environmental Federal Agency, and compensation for the reforestation of the permanent preservation area
Current status: open

The demandant sough judicial review of the decision that declared the validity of the penalty and the lack of rights to compensation due to the obligation to reforestate the permanent preservation area in his land. This area was declared an area of limited use, based on the principle of the socio-environmental role of the property.…read more

Maia Filho v. Environmental Federal Agency (IBAMA) (Opened in 2009 )

Citation/reference number: Special Appeal 1000.731/RO
Jurisdiction: Brazil
Core objective(s): Validity of fine imposed by Environmental Federal Agency for the burning of 600 hectares for grazing land.
Current status: Decided

The Superior Court of Justice upheld the Environmental Federal Agency's fine, issued in 1995, of the appellants for burning roughly 600 hectares of land to clear it for livestock grazing. The court concluded that the fine was valid under the National Environmental Policy Act (Law N° 6.938, 1981). One of the judges explained that this…read more

Public Prosecutor’s Office v. Oliveira & Others (Opened in 2009 )

Citation/reference number: 2008/0215494-3
Jurisdiction: Brazil
Core objective(s): Prohibition of sugar cane burning as a harvesting method
Current status: Decided

Sao Paolo's state prosecutor sought to enjoin regional farmers from employing a low-tech form of sugar extraction that involves burning sugar cane. Arguments against the practice included its harms to air quality, its release of greenhouse gas emissions, and its harmful affects on human health--particularly that of farm workers. Hearing the case on appeal, the…read more

Public Prosecutor’s Office v. H Carlos Schneider S/A Comércio e Indústria & Others (Opened in 2007 )

Citation/reference number: Special Appeal No. 650.728 - SC
Jurisdiction: Brazil
Core objective(s): Illegality of destruction of mangrove area for use as landfill and development site
Current status: Decided

The trial court was persuaded by the Federal Prosecutor, who had filed a civil proceeding against the group responsible for draining and clearing a mangrove forest and putting a landfill and various structures in its place. The Forest Code of 1965 and article 225 of the Federal Constitution of 1988 provided the legal basis for…read more

Brazil’s legislature is represented by a bicameral parliament, the National Congress, composed of a Chamber of Deputies and a Senate. The Chamber of Deputies has 513 Members of Parliament (MPs), elected for four-year terms. The most recent elections for the Chamber of Deputies took place in 2014, with the next due in 2018. The Senate has 81 Members, elected for eight-year terms. Elections are staggered so that two-thirds of the upper house is up for election at one time and the remaining one-third four years later. Last elections for the Senate took place in 2010 and 2014, and the next elections are due in 2018 and 2022.

The 1988 Constitution outlines how laws may be proposed. The legislative process may be initiated by any member or committee of the Chamber of Deputies or the Senate; the President of the Republic; the Supreme Federal Court; the Superior Courts; the Attorney-General of the Republic; and the citizens.

Each Chamber has its independent legislative process, passing laws that fall under their specific competences. If a bill is proposed by the Senate, it will be send to the Chamber of Deputies to be revised and vice-versa. Traditionally, the Senate acts more as a reviser than as an author. All bills go through thematic committees; some of the bills do not need to go through plenary, that is, the power of the commission is terminative. The Senate has 11 permanent thematic committees, including the Committee on Environment, Consumer Protection and Auditing and Control. In some areas a proposal must undergo the legislative process in both Chambers simultaneously. There is a permanent and mixed (2 houses) Committee on Climate Change.

Legislation is presented at the Parliament in a process that entails three phases. First, the Constitution and Justice Committee assesses the constitutionality of the proposal, secondly, the text is scrutinised by one or more substantively relevant committees, where the merit of the proposed text is assessed. Finally, the legislation is discussed and voted in the plenary sessions of the congress. With the exception of legislation that modify the constitution, the approval of a law proposal requires simple majority of votes.

After the National Congress’s deliberations, the President of the Republic may sanction or veto the proposition. In the first case, the project becomes a law. In the case of a veto, the project is sent back to Congress. The enactment by the President attests the existence of a new law. After the enactment, the next step is publication, which is intended to inform citizens of the existence and contents of a certain normative act. Publication has the additional purpose of determining the date on which the law will come into effect.

Last modified 21 August, 2017