Comparer les systèmes

Law No. 15,042/2024 establishes the Brazilian Greenhouse Gas Emissions Trading System (Sistema Brasileiro de Comércio de Emissões de Gases de Efeito Estufa, SBCE). The SBCE aims to support the implementation of “Law No. 12,187 – Brazilian National Climate Change Policy” and the achievement of the country’s climate targets. The law lays out the governance framework and the legal foundation for obligations by covered entities, with key design elements (such as scope, cap, allocation, and MRV) to be determined in subsequent regulations currently under development. 

The ETS will impose compliance obligations on entities emitting more than 25,000 tCO₂e per year, with reporting obligations applying to those emitting more than 10,000 tCO₂e per year. Covered entities will have to surrender allowances for all their covered emissions (see ‘Compliance Period’ section). In principle, the SBCE applies to all sectors of the economy, with the explicit exemption of agricultural activities. The forestry and land-use sectors are expected to generate eligible carbon credits and thus they are not expected to be covered under the SBCE’s cap. The extent to which some sectors will see entities covered by the SBCE will depend on whether participation thresholds will apply to individual sources or, e.g., at company level, which is yet to be determined. 

National Allocation Plans, published on a recurring basis, will define the cap trajectory, allocation methods, offset-use limits, and market-stability provisions. The cap must align with Brazil’s climate targets. Non-compliance may result in fines, embargoes, and other penalties. Covered entities may use domestic offset credits toward a share of their compliance obligation. 

The system will be overseen by the Interministerial Climate Change Committee, and operated by the SBCE Management Body, which will be supported by a technical consultative body. In October 2025, “Decree No. 12,677” created an Extraordinary Secretariat for the Carbon Market within the Ministry of Finance, which will temporarily assume selected powers of the Management Body to accelerate regulatory development. The Secretariat is responsible for preparing regulations, including MRV rules, conformity assessment and accreditation procedures, developing and operating the Central Registry during the transition period, and coordinating international linkages and public consultations. It is organized into two sub-secretariats: Regulation and Methodologies, and Implementation.

In parallel, “Decree No. 12,678” created a Department of Market Instruments and REDD+ within the Ministry of Environment and Climate Change, which will provide technical guidance on carbon pricing instruments, support environmental integrity assessments for forestry-based credits, and advise and support Brazil’s Designated National Authority (DNA) for Article 6 as well as the Executive Secretariat of CONAREDD+ especially regarding the competencies foreseen in article 12, sole paragraph, item II, of Law No. 15,042/2024.

The implementation of the law will occur in five stages: 

• Phase 1: government enacts regulations needed to implement the system (one to two years from the enactment of the SBCE Law).

• Phase 2: regulated entities operationalize emissions monitoring and reporting (one year after the end of Phase 1). 

• Phase 3: regulated entities face monitoring and reporting obligations (two years after the end of Phase 2). 

• Phase 4: implementation of the first national allocation plan, with free allowance allocation. 

• Phase 5: full operationalization, following the end of the first national allocation plan.