Climate Data and Analytics Business Guide
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All 23 Documented Cases
Multas Administrativas por Não Conformidade em Licitações Públicas
R$6,000–R$60,000,000 per violation; or 0.1%–20% of annual gross revenue; or 1%–5% of contract value. For cartel/collusion: R$6,000–R$60,000,000 plus 0.1%–20% of gross revenue.Administrative fines imposed by CGU (Comptroller General's Office) for violations of Public Procurement Act and Decree 12,304/2024 (Integrity Programs Decree). Fines range from 0.1% to 20% of company gross revenue (previous fiscal year) or R$6,000–R$60 million when revenue cannot be determined. Additional 1%–5% fines on bidding/contract value for integrity program violations.
Multas por Não Conformidade em Licenciamento de Dados de Terceiros
R$50 million max per LGPD infraction; R$14,400 typical first fine; 2% of revenue[3][6]In third-party data licensing, royalties trigger mandatory NF-e issuance and SPED reporting. Errors in XML validation or missing digital signatures cause invoice rejections, triggering SEFAZ fines and LGPD penalties for data mishandling.
Multas por Não Conformidade com Sistema de Comércio de Emissões (SBCE)
LOGIC ESTIMATE: Comparable environmental non-compliance penalties in Brazil range from administrative warnings to fines of up to 2% of revenue (per LGPD analog and environmental enforcement patterns). For mid-market emitters (15,000–50,000 MT CO2/year), estimated penalty exposure: R$500,000–R$5,000,000 per non-compliance incident.Brazil's newly enacted cap-and-trade system (Sistema Brasileiro de Comércio de Emissões) creates mandatory emissions reporting for large emitters. Companies must submit backtested emissions data and comply with assigned quotas. Inaccurate model backtesting or failed accuracy audits can result in overstated/understated emissions reporting, triggering non-compliance penalties. The law explicitly states fines will be applied for non-compliance, though specific penalty rates are not yet detailed in the framework—penalties are to be further regulated by decree.
Penalidades por Não Conformidade com Legislação Ambiental e Órgãos Reguladores
LOGIC ESTIMATE: Contract termination penalties range from 5–20% of contract value (typical liquidated damages for environmental compliance breach). For a climate analytics firm with R$50M in annual carbon credit contracts, early termination exposure = R$2.5M–R$10M. Central Bank restrictions can reduce market access by 30–50%, causing revenue loss of R$15M–R$25M annually for mid-market firms.Brazil's environmental legislation (Lei 12.187/2009 on Climate Change National Policy, plus new SBCE framework) empowers regulatory bodies to enforce compliance through administrative and contractual penalties. Non-compliant firms risk early termination of carbon credit sales contracts, Central Bank restrictions on market participation, or public disclosure of violations. Backtesting inaccuracy can be construed as false environmental reporting, triggering multi-agency investigation.