No, burning trash in Brazil is generally illegal under federal environmental law, with exceptions for agricultural waste under strict conditions. Local ordinances and state-level regulations often impose additional restrictions, and non-compliance risks fines from IBAMA or municipal authorities. Recent 2026 updates to the National Solid Waste Policy (PNRS) reinforce penalties for open burning, aligning with climate commitments.
Key Regulations for Burning Trash in Brazil
- Federal Law 12.305/2010 (PNRS): Prohibits open burning of municipal solid waste nationwide, classifying it as a violation of environmental protection standards enforced by IBAMA.
- State-Specific Rules: São Paulo (Decreto 54.645/2009) and Rio de Janeiro (Resolução CONEMA 04/2018) mandate permits for controlled agricultural residue burning, with seasonal and wind-speed restrictions.
- Municipal Ordinances: Cities like Brasília (Lei Distrital 6.469/2019) ban all open burning, including yard waste, with enforcement by local environmental agencies.
Violations trigger administrative fines (up to R$1 million) and criminal liability under Law 9.605/1998 (Environmental Crimes Act). Agricultural exemptions require prior authorization from the state environmental agency, subject to proof of no viable alternative disposal methods.