Rule revokes the list of waste authorized for import and provides for the creation of a list by the government

In a nutshell

On May 7, 2025, Federal Decree No. 12.451/2025 was published, revoking the recently created list of waste authorized for import and providing for a specific list to be drawn up. The rule revoked Federal Decree 12.438/2025.

In summary, for the purposes of transforming strategic materials and minerals in industrial processes, the text authorizes the creation of a list by the Federal Government, provided that the waste is not dangerous or causes environmental damage. The Decree reinforces the need for industries to prioritize the use of waste generated domestically and to support recycling cooperatives.

In more detail

Federal Decree No. 12.451, published on May 7, 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) and revokes Federal Decree No. 12.438/2025, which was published on April 22, 2025.

The rule maintains the ban  the import of: (i) tailing 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 industrial processes.

The Decree authorizes the import of specific materials that will be defined by means of a list created by a joint act of the Ministry of the Environment and Climate Change, the Ministry of Development, Industry, Trade and Services, the General Secretariat of the Presidency of the Republic and the Civil House of the Presidency of the Republic, 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.

Industries should prioritize waste available on the domestic market, with an emphasis on supporting cooperatives and waste pickers, reinforcing reverse logistics and the circular economy.

The competent bodies, including the customs authorities, will be responsible for monitoring compliance with the rules. The Decree came into force immediately after its publication.