Brazil is considered a country with natural characteristics favorable to agribusiness. With its 8.5 million square kilometers, it is the largest country in South America, the fifth largest in the world, and it has the potential to expand its agricultural capacity without the need to harm the environment.
The Strategic Environmental Assessment (AAE) has been causing concern among companies for some time. This is because, although this study is not legally required for environmental licensing of potentially polluting activities, the absence of the AAE has been viewed by some environmental agencies as an obstacle for the issuance of environmental licenses.
Although the private sector in Brazil is aware of the opportunities for concessions and public-private partnerships related to classic public services and the execution of infrastructure projects, these forms of transactions are still little used for environmental conservation.
The Federal Attorney's Office of the Brazilian Institute for the Environment and Renewable Natural Resources – IBAMA, acknowledged on August 2, 2016, that a change in the ownership of environmental licensing processes is possible at any time, since the object of the licensing is the enterprise, the work, the establishment, or the activity, not the individual or legal entity that requests it. The agency’s decision follows a theory that was already supported in legal scholarship and was practiced by environmental agencies throughout Brazil.

Daniela Stump, Liliam Yoshikawa, and Daniel Guariento    The Public Prosecutor of Minas Gerais ("MP/MG") filed, on April 11, 2016, Public Civil Action No. 5162864-29.2016.8.13.0024 ("ACP") against the State of Minas Gerais in order to...