Apresentação sobre aspectos legais do agronegócio no Brasil.

1. © 2016 Trench, Rossi e Watanabe Advogados
Environmental Trends for Agribuness in Brazil
June/2016

2. © 2016 Trench, Rossi e Watanabe Advogados
Environmental Liability Regime in Brazil
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• Three spheres of environmental liability: independent and may be
imposed cumulatively by authorities.
Administrative
Civil Criminal

3. © 2016 Trench, Rossi e Watanabe Advogados
Environmental Liability Regime in Brazil
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Administrative Civil Criminal
non-compliance with laws
(strict – new precedent)
strict: link of causality (broad,
propter rem)
individuals and legal entities
(or – new precedent)
fines: 50 to 1.5 million dollars, in
practice
settlement is not always the best
solution
investigation is enough for
exposure
judicial challenges/statute of
liminations (in fact, no due
process of law)
Courts: deferential to EPA
(almost never desagree)
Courts: deferential to EPA
(importance of monitoring
the records of the
proceeding before EPA)
payment of fine & comply with
tight deadlines
recovery and payment of
damages (almost impossible to
estimate the amount)
individuals: confinement never
happens, used as a threat

4. © 2016 Trench, Rossi e Watanabe Advogados 4
 More control of Rural Activities – licensing, contamination
by waste, zoning
 Major enforcement by the southern States: São Paulo,
Rio Grande do Sul, Santa Catarina, Minas Gerais, and Rio de
Janeiro
 Increase media coverage
 Compliance associated to opportunities, specially related
to protection and magement of forests
 Involvement of labor authorities – impacts on certification
Environmental Trends - Agribusiness Sector

5. © 2016 Trench, Rossi e Watanabe Advogados
Main Trends
The Role of the DAs
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Empowered DAs:
(i) Tend to demand multinationals to adopt
international best available technology
even though State EPA do not request it;
(ii) Individual Accountability for Corporate
Wrongdoing - public prosecutors
consistently focusing on individuals
Recommendation: Avoid “double standards”, establish
internal proceedings to check compliance

6. © 2016 Trench, Rossi e Watanabe Advogados
Main Trends
Information Control
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 Check information tools and
public data basis
 Contaminated areas list
 CAR (forestry matters)
 Check compliance with
sustainability claims
 Misleading advertisement

7. © 2016 Trench, Rossi e Watanabe Advogados
New Forestry Code (2012)
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1. CRA (Cota de Reserva Ambiental) – pending
regulation (business opportunity)
2. Opportunities to regularize damage if it took place
before July 07, 2008 (Legal Reserve, Permanent
Preserved Areas)
3. PRA – Environmental Regularization Program
4. CAR – Environmental Rural Registry:
- necessary for emission of CRA
- access to governmental benefits
- excemption of certain taxes
- better conditions for insurances

8. © 2016 Trench, Rossi e Watanabe Advogados
Thank you!
Renata Campetti Amaral – Partner
renata.amaral@trenchrossi.com
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