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In brief

On 15 January 2021, the federal government made available on its website (https://www.gov.br/mma/pt-br/assuntos/agendaambientalurbana/ProgramaNacionaldeRecuperaodereasContaminadas.pdf) the National Program for the Recovery of Contaminated Areas, object of Ordinance MMA No. 603/2020. In summary, the program seeks to expand and consolidate data and information on key issues for the management of contaminated areas in Brazil.


Comments

Despite the existence of several regulations on contaminated areas in Brazil, the lack of a consolidated database makes the work and progress in relation to the topic difficult. The federal government therefore instituted the National Program for the Recovery of Contaminated Areas in order to improve the management of contaminated areas. The program sets out a more effective implementation of public policies, with the aim of obtaining concrete results for society. The federal government also hopes to achieve improvement in the following fields related to the management of contaminated areas in Brazil:

(i) Ability of states and municipalities to adopt measures to prevent contamination of areas

(ii) Ability of states and municipalities to define their guiding values (VRQs) and consolidate information on contaminated areas

(iii) Existence of a digital platform, for standardized presentation and information sharing, to improve the registration of contaminated areas in the country

(iv) Disclosure of procedures, measures and models considered as reference

(v) Adequacy of knowledge of human resources on the management of contaminated areas at the federal, state and municipal levels

More details

The program defines four major pillars of implementation to improve the management of contaminated areas in the country:

I – Identification and Recovery of Contaminated Areas: provide federal entities with a digital platform that allows the mapping, registration and management of contaminated areas, including prioritization criteria for areas classified as having the greatest impact and/or risk, to recover and promote sustainable land use and protect people and the environment

II – Technical Qualification: seek to level the criteria and procedures for the adequate management of contaminated areas in the country, through the technical qualification of professionals from environmental agencies

III – Normative Modernization: from the technological evolution, which frequently changes procedures, modernize the norms on the subject

IV – Consolidation of Financing Lines: expand inductive measures and financing lines to meet the initiatives for the recovery of contaminated areas, so that the information is easily available with the indication of applicable financial and economic instruments to promote the decontamination of these areas, through investigations and remedies

Our Environment and Sustainability team is available for further clarifications on the subject.

Portuguese version

Author

Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. As a Senior Partner, she is the Head of the Environment, Climate Change and Sustainability practice group in Brazil. She coordinates the sustainability initiatives conducted by the office. In the environmental and sustainability area, she coordinates several of the biggest cases of contamination and environmental regularization in the country. Renata provides advice on negotiations with authorities; judicial and administrative litigation; review of environmental aspects of financial institutions and operations; drafting and negotiation of environmental provisions in contracts and other commercial operations. She has vast experience in dealing with environmental management, legal audit and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits. In matters related to Consumer Law, she conducts analysis of aspects of Consumer Law in contracts and commercial transactions, judicial and administrative litigations; works on the negotiated solution of matters related to Consumer Law; celebration of agreements with competent authorities; analysis, planning and supervision of legal aspects of recalls; marketing strategies and campaigns; aspects of Consumer Law in electronic commerce and in matters related to information technology and on the development of preventive policies and strategies for companies. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Manuela Demarche is a Senior Associate in Trench, Rossi e Watanabe Advogados, São Paulo office. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Rafael Gil is an Associate in Trench, Rossi e Watanabe Advogados, Sao Paulo office. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.