Industrial Policy & Trade Monitor· 2662 actions· ✨ 89 recent

Brazil enacted Lei 15.506 of 16 September 2026 (in force on publication, Art. 51), establishing the Política Nacional de Minerais Críticos e Estratégicos (PNMCE) — Brazil's first standalone critical-minerals sovereignty framework — and the Conselho Nacional para Industrialização de Minerais Críticos e Estratégicos (CIMCE). The law originated as Bill PL 2780/2024, approved by the Chamber of Deputies on May 6-7, 2026 (one day before the Lula-Trump White House meeting) and then by the Senate. It authorises the Union to create the Fundo Garantidor da Atividade Mineral (FGAM) with up to R$2bn (Art. 9) to guarantee critical-mineral projects, and a tax credit of up to 20% of spend on critical-mineral processing, transformation and urban mining. The Chamber-approved text (CMCE committee with prior-approval rights over takeovers and foreign participation, FGAM up to R$5bn, 0.3% gross-revenue R&D levy) was amended before enactment; see the 2026-09-16 amendment.

On 18 September 2025 Brazil's federal government published Medida Provisória (Provisional Measure) 1318/2025, creating REDATA — the Special Taxation Regime for Datacenter Services — alongside a parallel IT-export regime (REPES). REDATA zeroes federal taxes on servers, storage, networking, cooling and other datacenter capital equipment for qualifying operators from 1 January 2026, conditioned on 100% renewable/zero-carbon energy sourcing, a 2% of investment R&D-in-Brazil commitment, and preferential use of Brazilian- manufactured components. The Finance Ministry projects R$5.2 billion in forgone-tax incentives in 2026 alone, with potential to unlock up to R$2 trillion in private datacenter investment over ten years. REDATA is framed as implementing the National Datacenter Policy (PNDC) under the Nova Indústria Brasil industrial-policy umbrella.

On 22 August 2025 Brazil's national development bank BNDES detailed the credit and guarantee component of the "Plano Brasil Soberano," the federal government's response to the US 40% IEEPA tariff on Brazilian goods (Executive Order 14323). BNDES opened roughly BRL 40 billion (~USD 7.3bn) in subsidised working-capital and investment credit lines — BRL 30bn drawn from the Export Guarantee Fund (FGE) and BRL 10bn from the bank's own resources — capped at BRL 150 million per company, plus a further ~BRL 12bn across a complementary emergency line and PEAC FGI Solidário credit-guarantee cover, taking the package to roughly BRL 72 billion (~USD 13.2bn). Eligibility is prioritised for exporters that lost 5% or more of gross revenue to the US tariffs, with more favourable terms for those above a 20% exposure threshold. Congress subsequently passed Medida Provisória 1.310/2025 (published 1-2 September 2025), opening a BRL 30 billion extraordinary budget credit to fund the package; BNDES began accepting applications under the credit lines on 18 September 2025.

On 11 April 2025, President Luiz Inácio Lula da Silva sanctioned without vetoes Lei nº 15.122/2025 ("Lei da Reciprocidade Econômica"), published in the Diário Oficial da União on 14 April 2025 and effective the next business day. The statute — Brazil's first standalone economic-retaliation framework — empowers the Executive to suspend (i) trade concessions on imports of goods and services, (ii) intellectual-property rights and obligations under Lei 12.270/2010, and (iii) concessions or commitments assumed under trade agreements, as countermeasures against unilateral measures by individual countries or economic blocs that negatively impact Brazilian international competitiveness, including environmental requirements stricter than Brazil's own. Decreto nº 12.551 of 14 July 2025 (DOU 15 July 2025) regulates the law, creating the Comitê Interministerial de Negociação e Contramedidas Econômicas e Comerciais (CINCEC), chaired by MDIC with seats for Casa Civil, Fazenda and Itamaraty (Relações Exteriores), and establishes both a fast-track provisional countermeasure procedure (CINCEC-only) and an ordinary track (≥5 months) routed through SE-CAMEX, GECEX, the CAMEX Strategic Council and a 30-day public consultation.

On 2 August 2024, President Luiz Inácio Lula da Silva sanctioned Lei nº 14.948/2024 (with partial veto, Mensagem nº 741) at a ceremony in the Pecém Industrial-Port Complex in Ceará, following Senate and Chamber approval of PL 2308/2023; the law was published in the Diário Oficial da União on 5 August 2024. The statute establishes Brazil's first comprehensive legal framework for low-carbon hydrogen: it (i) creates the National Low-Carbon Hydrogen Policy (PNH2BC) under the National Energy Policy umbrella, (ii) sets a statutory definition of "low-carbon hydrogen" as fuel/industrial input with lifecycle GHG intensity ≤ 7 kg CO₂e/kg H₂, (iii) institutes the Brazilian Hydrogen Certification System (SBCH2) for origin and emissions accreditation, (iv) creates the Special Incentive Regime for Low-Carbon Hydrogen Production (Rehidro), suspending PIS/Pasep and Cofins for five years on capital-goods, raw-materials and services purchases by qualified producers, and (v) authorises the Programa de Desenvolvimento do Hidrogênio de Baixa Emissão de Carbono (PHBC) — a tax-credit envelope capped at BRL 18.3 bn between 2028 and 2032 (subsequently regulated by Lei nº 14.990/2024 sanctioned 30 September 2024). ANP gains regulatory authority over hydrogen transportation, storage and import/export licensing, while the law amends Leis nºs 9.427/1996 (ANEEL) and 9.478/1997 (Petroleum Law) to integrate hydrogen into the energy-policy and electricity-regulation framework. Industry reporting at sanction cited >USD 30 bn in announced project pipeline, concentrated in Northeast renewable-rich states (Ceará, Bahia, Pernambuco, Rio Grande do Norte) leveraging Pecém, Suape and Açu as hydrogen-derivative export terminals.

On 22 January 2024, Brazil's National Council for Industrial Development (CNDI), reactivated by President Lula in 2023, launched Nova Indústria Brasil (NIB) — Brazil's first comprehensive national industrial policy since the 2011-2014 Plano Brasil Maior. The framework commits roughly R$300 billion (~USD 60 billion) in financing through 2026, distributed across loans, non-refundable grants and equity participations administered by BNDES (Brazilian Development Bank), Finep (Research and Projects Financing Company) and Embrapii (Brazilian Industrial Research and Innovation Company), with quantitative targets running to 2033. The R$300bn envelope combines R$106bn announced at the first CNDI meeting in July 2023 with R$194bn redirected from existing budget lines. NIB is structured around six "missions": (1) sustainable and digital agro-industrial chains, (2) health-industrial complex resilience (medicines, vaccines, devices), (3) urban infrastructure and green mobility, (4) digital transformation and Industry 4.0 including semiconductors, (5) bioeconomy and energy transition, and (6) defence, sovereignty and national-security technologies. Two presidential decrees signed the same day establish local-content preferences for New PAC public-procurement bids and create an Interministerial Public Procurement Commission. As of February 2025, BNDES had approved R$220bn in NIB-aligned operations, and the plan has anchored downstream sectoral programmes including Brasil Semicon, the Mover automotive programme and Mais Inovação.

Lei nº 9.019, signed 30 March 1995 by President Fernando Henrique Cardoso and published in the Diário Oficial da União 31 March 1995, is the foundational Brazilian statute transposing the WTO Antidumping Agreement (ADA) and Subsidies and Countervailing Measures Agreement (SCM Agreement) into domestic law following Brazil's signature of the Marrakesh Agreement on 15 April 1994. The law grants DECOM (within SECEX/MDIC) authority to conduct AD/CVD investigations and injury determinations, and CAMEX/GECEX authority to impose provisional and definitive duties. It has been amended by Lei 10.611/2002, Lei 12.270/2010, and Lei 14.609/2023 (anti-circumvention + electronic-investigation procedures), and is the statutory parent of Brazil's entire modern trade-remedy architecture including the filed GECEX implementing instruments on carbon steel, polyester fibres, and optical fibre.