Yes, open burning in Brazil is permitted only under strict conditions, primarily governed by federal and state environmental laws.
Open burning is not outright banned but is heavily restricted by the National Environmental Council (CONAMA) Resolution 418/2009 and state-level regulations, such as São Paulo’s CETESB norms. Municipalities like Rio de Janeiro enforce additional permits via INEA. Recent 2026 compliance shifts under the National Climate Change Plan (PNMC) tighten enforcement, particularly in the Amazon and Cerrado biomes, where deforestation-linked burning faces heightened scrutiny. Violations trigger fines under the Environmental Crimes Law (Law 9.605/1998), with penalties up to R$50 million for large-scale infractions.
Key Regulations for Open Burning in Brazil
- Federal Permits Required: CONAMA Resolution 418/2009 mandates prior authorization from environmental agencies (IBAMA or state equivalents) for agricultural, silvicultural, or waste burning, excluding emergency firebreaks in conservation units.
- Biome-Specific Bans: The Amazon and Pantanal are subject to seasonal moratoriums (e.g., July–October dry season), enforced via satellite monitoring by INPE and state agencies like SEMAD/MT.
- Municipal Variations: Cities like Curitiba ( Paraná) require additional local permits under Municipal Decree 360/2021, aligning with state air quality standards (CONAMA 491/2018).
Non-compliance risks include administrative sanctions, criminal liability for repeat offenders, and mandatory restoration of degraded areas. Consult local environmental agencies (e.g., CETESB-SP, FEPAM-RS) for jurisdiction-specific updates.