🇧🇷Brazil

Multas por Não Conformidade com Sistema de Comércio de Emissões (SBCE)

2 verified sources

Definition

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.

Key Findings

  • Financial Impact: 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.
  • Frequency: Annual—companies must report emissions and maintain quota compliance each calendar year; backtesting validation failures can occur quarterly or upon each emissions audit.
  • Root Cause: Lack of automated, auditable backtesting validation; manual model accuracy reviews prone to human error; insufficient audit trails for regulatory defense.

Why This Matters

The Pitch: Climate data and analytics firms in Brasil waste resources on manual or unreliable backtesting validation. Companies using inaccurate emissions models risk regulatory penalties under SBCE. Automated accuracy auditing of backtested emissions models eliminates quota violations and associated fines.

Affected Stakeholders

Emissions Reporting Managers, Environmental Compliance Officers, Climate Data Analytics Teams, Risk & Legal Departments

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Financial Impact

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

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.

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.

Perda de Vantagens Econômicas e Bloqueio de Fundos Públicos

Forfeiture of fraud-related gains (100% of illegal benefit); R$500K–R$5M+ in blocked government grants/incentives (1–5 year prohibition); potential mandatory dissolution

Multas por Cartel e Colusão em Licitações (Lei Antitruste)

R$6,000–R$60,000,000 (or 0.1%–20% of annual gross revenue, whichever higher); asset divestiture (variable); 5-year debarment from government bidding

Multas de Proteção de Dados (LGPD)

BRL 50,000 - BRL 50,000,000 (2% annual revenue cap)

Atraso na Cobrança de Multas Ambientais (Pesquisa de Carbono/Dados)

BRL 4,000,000,000+ annual fine exposure (2010-2016 avg); typical payment wait: 3-5 years; fine expiration risk: 100% loss if deadlines missed

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