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Manuela Demarche Mello

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Manuela Demarche joined the Firm in 2017, and has been working with Environmental Law since 2010. She is currently a Senior Associate of the firm’s Environment, Sustainability and Climate Change practice group.
She has several years of experience in complex matters connected to environmental, sustainability and climate change, and her practice focus on a wide range of matters, particularly in connection to environmental liability, licensing proceedings, carbon and M&A transactions and cross-border disputes. During 2022, she did an attorney training program in the U.S. and has worked as a Legal Extern for the American Clean Power Association.
She regularly advises international and domestic clients in relevant cases, including preparing opinions, overseeing due diligences, drafting administrative and judicial claims for disputes arising from controversial environmental matters. Under her umbrella, she regularly deals with regularization (air pollution, effluents, solid waste, contaminated areas), circular economy, take-back schemes, extended producer responsibility, carbon markets, REDD+, biodiversity and crisis management.
Awards and Recognitions
Manuela Demarche is recognized for her work as an outstanding professional – “Associate-to-watch” – in Environmental Law in Brazil, by the publication Chambers and Partners. She was also mentioned by Análise Advocacia Mulher.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

The Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA) established a new way of calculating the Environmental Control and Inspection Fee (TCFA) and, as of the first quarter of 2024, the economic size to be declared by subsidiaries will be the economic size of the parent company and the subsidiary jointly, considering the annual gross income of the legal entity as a whole for the basis for calculating this fee.

On 21 December 2023, the Brazilian House of Representatives approved the new text of Bill 2.148/15, which aims to create the Brazilian Greenhouse Gas Emissions Trading System, i.e., the regulated carbon market in Brazil. The text will still be sent to the Brazilian Federal Senate and could return to the House of Representatives if further changes are made.

Federal Decree No. 11,786/2023 was published on 21 November 2023, establishing the National Policy for Quilombola Territorial and Environmental Management (PNGTAQ). The policy aims to, among others, support and promote territorial and environmental management practices of quilombola communities, strengthen the territorial and environmental rights of these communities, and promote the implementation of public policies in an integrated manner and the conservation and sustainable use of biodiversity.

Countries are approaching plastics regulation in different ways. Measures that have been proposed and adopted vary and include imposing plastic taxes, bans on single-use plastics, microbead bans, deposit return schemes, and consumer charges to discourage consumption (e.g., carrier bag charges). At an international level, in 2022, a UN resolution was endorsed to end plastic pollution and propose an international legally binding agreement by 2024.

Two new regulations were published on 13 February 2023. The regulations, which directly impact the business sector, are the following: (i) Federal Decree No. 11,413/2023, which established three new reverse logistics credit certificates at the federal level: the Reverse Logistics Recycling Credit Certificate, the Certificate of Structuring and Recycling of Packaging in General and the Future Mass Credit Certificate; and (ii) Federal Decree No. 11,414/2023, which reinstituted and reformulated the pro-scavengers program, subject of former Federal Decree No. 7,405/2010, revoked in 2020.

On 1 February 2023, State Decree No. 112/20231 was published, establishing the take-back requirements system for packaging in the state of Mato Grosso. The decree is the first specific regulation on the subject in MT, regulating the state policy for solid waste (Law No. 7,862/2002) in this regard.

On 17 January 2023, State Decree nº 16,089/20231 was published, establishing and updating the take-back requirements system for packaging in the state of Mato Grosso do Sul. In summary, the decree becomes the new regulatory standard on the take-back requirements system for packaging in the state.