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Brazil - Rio de Janeiro

Following in the footsteps of other central banks around the world, and in face of the pressing need for an inclusive and sustainable economic recovery after the COVID-19 pandemic, on April 7, 2021, the Central Bank of Brazil (BCB) launched public consultation No. 85/2021 (Consultation). The Consultation includes proposed amendments and new rules governing the management of social, environmental and climate risks by financial institutions (and other institutions with operations authorized by the BCB), as well as the requirements to be observed by these institutions in the elaboration and implementation of their respective Social, Environmental and Climate Responsibility Policy (PRSAC).

The BCB joined the Network for Greening the Financial System (NGFS) on March 25, 2020, and, on September 8, 2020, launched the “Sustainability Dimension” of its work agenda (Agenda BC#), which aims to promote sustainable finance, proper management of social, environmental and climate risks in the National Financial System (SFN), and integration of ESG variables into BCB’s decision-making process.Continue Reading Brazil’s Central Bank Set to Incorporate Social, Environmental and Climate Factors into Financial Regulation

Brazil - Brasilia - Congress

On March 4, 2021, Brazil ratified the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (“Nagoya Protocol” or “Protocol”). Starting on June, 2, 2021, the country becomes a party to the Protocol and will be able to actively take part in discussions and decision-making, including by participating in the next Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol (COP-MOP 4) scheduled for October 2021.

Brazil is the most biodiverse country in the world, and the ratification comes 10 years after the signing of the Protocol on February 2, 2011. In the meantime, the country passed its own regulations on biodiversity, notably Law 13,123 of May 20, 2015 (Brazilian Biodiversity Law), which provides for access to genetic resources and traditional knowledge, as well as benefit-sharing mechanisms. The Brazilian Biodiversity Law is the national legislation for implementing the Nagoya Protocol and one of the key access and benefit-sharing (ABS) legislations, which places benefit-sharing obligations on manufacturers of finished products developed from Brazilian genetic resources (regardless of who previously accessed the resources).Continue Reading Brazil Ratifies the Nagoya Protocol: One Step Further to Unlock the Potential of Brazilian Biodiversity

Risk Management

With the surge of climate and stakeholder litigation all over the globe–comprising climate, supply chain and human rights issues–not only should governments be concerned, but mainly the private sector. It is not new that, in addition to creating stakeholder engagement and pushing forward public policies, ESG concerns pose significant reputational and financial risks, particularly to corporations. This is not only true for those companies dedicated to carbon-intensive activities or exposed to supply chain liabilities, but also to financial institutions enabling the development and expansion of such activities.

This is a particularly relevant matter in Brazil, which already relies on a well-established legal and case law framework capable of supporting sanctions and prosecution against corporations and financial institutions deemed liable in connection with environmental degradation.

In this Blog Post, we discuss the existing legal framework in Brazil with respect to environmental degradation, and how that framework might apply to the broader range of ESG issues, from climate to supply chain and human rights liability.Continue Reading Climate and Stakeholder Litigation: Why Does It Matter to Companies Operating In Brazil?

Brazil - Rio de Janeiro

On December 7, 2020, the Brazilian Securities and Exchange Commission (CVM) launched a consultation on proposed amendments to Normative Ruling 480/2009 aimed at, inter alia, increasing transparency by improving the quality of information disclosed by publicly-held companies on ESG aspects.

Following the global trend of enhancing and simplifying disclosures—similar to what the US Securities Exchange Commission (SEC) has recently done with Regulation S-K—CVM’s main goal is to reduce compliance costs while also responding to investors’ increasing demand for better ESG data. In this Blog Post, we highlight the main ESG-related amendments proposed by CVM in this new consultation paper.Continue Reading Brazilian Securities and Exchange Commission Set to Strengthen ESG Reporting Requirements

Environmental

Drawing on international experience such as the Renewable Fuel Standard, California’s Low Carbon Fuel Standard and the EU Renewable Energy Directive, the Brazilian Biofuels Policy (RenovaBio) was established in 2017 by Law No. 13,576/2017. It is designed to support Brazil’s commitments under the Paris Agreement, promote further expansion of the production and use of biofuels in the national energy matrix and improve the energy efficiency of biofuels.

In this Blog Post, we discuss key elements of RenovaBio, as well as early results of the policy’s implementation and other developments in the Brazilian carbon markets more broadly.Continue Reading The Resurgence of Carbon Markets in Brazil: Championing Main Country Strengths – Biofuels and Forest Resources

Social

Discussions on mandatory human rights due diligence have been gaining increased attention over the past months, particularly in the European Union. Such a trend, however, has yet to reach Latin American countries, including Brazil. In spite of that, Brazil and Brazilian institutions and enterprises have adhered to a variety of global frameworks, standards and initiatives…