Rule on exceptions to the ban on importing solid waste was published

In a nutshell

On April 22, 2025, the Federal Decree No. 12.438/2025 was published, which provides for exceptions to the ban on importing solid waste into Brazil. In short, for the purposes of transforming strategic materials and minerals in industrial processes, the text authorizes the import of specific waste, such as glass, rubber and certain metals, as long as they are not dangerous or cause environmental damage. The rule reinforces the need for industries to prioritize the use of waste generated in national territory and to support recycling cooperatives.

In more detail

Federal Decree No. 12.438/2025, published on April 22, 2025, regulates the exceptions to the ban on importing solid waste into Brazil, as provided for in §1 of art. 49 of Law No. 12.305/2010 (National Solid Waste Policy).

The rule prohibits the import of: (i) tailings of any kind, hazardous solid waste and materials that could cause environmental or health damage; and (ii) waste intended for purposes other than the transformation of strategic materials and minerals in non-industrial industrial processes.

The Decree also authorizes the return of previously exported waste and the import of specific materials listed in its Annex, such as hard rubber, paper and cardboard for recycling, glass in blocks or fragments, and metals such as stainless steel, copper, aluminum, nickel, magnesium and titanium, among others.

Industries must prioritize waste available on the domestic market, with an emphasis on supporting cooperatives and collectors of recyclable materials, reinforcing reverse logistics and the circular economy. The Annex to the Decree may be revised by the Ministries of Development, Industry and Trade and the Environment, based on criteria such as economic viability, national availability, recyclability, impact on waste pickers’ cooperatives, environmental effects and the degree of purity of the waste.

The competent bodies, including the customs authorities, will be in charge of monitoring compliance with the rules. The Decree came into force immediately after its publication, with the aim of balancing industrial needs with environmental protection and strengthening the national recycling chain.