ARTICLE
17 March 2022
Mondaq Thought Leadership Award Winner

IBAMA Intensifies Inspection Of Companies' Use Of Brazil's Biodiversity

MB
Mayer Brown

Contributor

Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
The Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA) released an official note on March 3, 2022, announcing that it has begun the "Terra Brasilis Operation
Brazil Environment

The Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA) released an official note on March 3, 2022, announcing that it has begun the "Terra Brasilis Operation," a program to inspect the use of Brazil's biodiversity.

According to IBAMA, this program is focused on determining which companies access genetic heritage and associated traditional knowledge and which companies economically exploit products derived from such access. The goal is to deter infractions, guarantee benefit sharing and increase conservation and sustainable use of biodiversity, as provided in Law No. 13,123/2015 and in Decree No. 8,772/2016.

The Terra Brasilis Operation is aligned with the Nagoya Protocol, an international agreement aiming to regulate access to genetic heritage and benefit sharing, which was signed in 2010 during the Conference of Parties (COP10), as part of the Convention on Biological Diversity (CBD) held in Nagoya, and ratified by Brazil in 2021. As important advances in the regulation of biodiversity use are expected at COP15, which will take place in China this year, the implementation of the Terra Brasilis Operation is timely.

It is worth mentioning that the improper use of biodiversity may result in fines of up to BRL 10,000,000.00, temporary suspension of activity, embargo, partial or total interdiction, criminal charges and the obligation to repair social and environmental damages.

The Environmental Team of Tauil & Chequer Advogados in association with Mayer Brown is available for further clarification.

Visit us at Tauil & Chequer

Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

© Copyright 2020. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More