12/18/2025 

Retail businesses without power in São Paulo: recurring problems at Enel are drawing interest from potential buyers — Foto: Paulo Pinto/Agência Brasil
Retail businesses without power in São Paulo: recurring problems at Enel are drawing interest from potential buyers — Photo: Paulo Pinto/Agência Brasil

After the government decided to initiate the process to terminate the Enel São Paulo power distribution concession, names of companies reportedly interested in taking over the utility’s operations began circulating behind the scenes, in a potential change-of-control scenario. Market participants point to Âmbar, the energy arm of the J&F group owned by brothers Joesley and Wesley Batista, Equatorial Energia, and CPFL Energia as possible candidates.

Contacted by Valor, Âmbar declined to comment. CPFL said it does not comment on market speculation. Equatorial had not responded by the time this edition closed. For market sources, declaring forfeiture is seen as a more lengthy route, while a change of operator could be a simpler solution. The companies are eyeing what is considered one of the country’s most complex concessions, characterized by high population density and strong cash flow generation. Enel São Paulo serves 24 municipalities in the metropolitan region, covering about 8.5 million properties, including the city of São Paulo, and holds a contract running through 2028. It is the largest power distribution concession in Latin America.

Last week, more than 2.2 million properties in the metropolitan area were left without electricity after an extratropical cyclone brought winds of nearly 100 km/h. It is the third consecutive year in which extreme weather events disrupted service and triggered criticism over delays in restoring power.

In a statement, Enel said it has fully complied with all regulatory indicators and delivered “consistent improvements” across all service quality metrics, “as evidenced by inspections recently conducted by the regulator.” The company also said that climate change has made Greater São Paulo increasingly exposed to extreme weather events.

“This measure requires a structured plan coordinated with public authorities, defining the most appropriate modalities for adequate compensation of this investment. The company is willing to make these investments as part of a strategy shared with all involved institutions,” the statement reads.

Enel added that it reaffirms its confidence in Brazil’s legal and regulatory framework to ensure security and stability for investors with long-term commitments in the country.

Âmbar has financial capacity and has recently taken on complex assets, such as the Amazonas Energia and Roraima Energia distribution utilities, as well as generation projects. Its most recent acquisitions include a minority stake in Eletronuclear and the Norte Fluminense gas-fired power plant from France’s EDF. On the other hand, the company lacks a significant track record in power distribution in large urban centers, which could weigh on a regulatory review.

Equatorial Energia is another potential candidate. The group is recognized for strong operational expertise in distribution and a track record of turning around troubled concessions. Holder of concessions in northern and northeastern states, Equatorial is also a shareholder in the São Paulo water utility Sabesp, which could, in theory, create synergies between services, according to people familiar with the matter. However, the company is currently highly leveraged due to its recent acquisition of a stake in Sabesp as a primary shareholder, which could constrain its financial capacity, according the sources. Third-quarter 2025 financial statements indicate leverage of 3.3 times.

CPFL Energia is seen by many as the most obvious candidate in a potential reshuffle. The company already operates in São Paulo state, has an established operating structure, low leverage, and financial backing from the owner, the Chinese company State Grid. CPFL has also shown historical interest in Enel assets, having previously attempted to acquire Enel Ceará (formerly Coelce).

Specialists interviewed by Valor caution, however, that it is too early to predict an outcome for Enel, which has made significant investments in the grid in recent years and is unlikely to relinquish the concession easily. Some see the possibility of litigation if forfeiture proceeds, especially if the utility’s quality indicators or economic-financial balance remain within the limits set by the Brazilian Electricity Regulatory Agency (ANEEL).

Forfeiture occurs when a distributor fails to comply with obligations established by the regulator in the concession contract. In the case of power distributors, the measure can generally be applied when service quality indicators that track power outages exceed ANEEL’s limits. The main metrics are duration (DEC) and frequency (FEC) of power outages. Financial issues that could impair service provision can also trigger forfeiture.

On Wednesday (17), Mines and Energy Minister Alexandre Silveira formally requested that ANEEL initiate the process to declare Enel’s São Paulo concession forfeited—the first step toward terminating the contract.

The agency said its inspection unit will assess the recurrence of service failures related to the December 10 blackout. The company is already being monitored by the regulator due to outages in October 2024, also caused by storms.

In November 2023, Enel São Paulo took a week to restore power to about 3 million consumer units following heavy rainfall and winds exceeding 100 km/h.

*By Fábio Couto, Robson Rodrigues and Marlla Sabino — Rio de Janeiro, São Paulo, Brasília

Source: Valor International

https://valorinternational.globo.com/

 

 

12/18/2025 

A majority of justices of Brazil’s Supreme Court have voted to strike down provisions of the so-called temporal milestone law on the demarcation of Indigenous lands, which states that tribes would only be entitled to lands they occupied or that were under dispute on the date the Constitution was enacted: October 5, 1988.

The majority was secured with the vote of Justice Alexandre de Moraes, who sided with the rapporteur, Justice Gilmar Mendes. He was also joined, with some specific reservations, by justices Flávio Dino, Cristiano Zanin, Luiz Fux and Dias Toffoli. Still to vote are Justices Cármen Lúcia, Kassio Nunes Marques, André Mendonça and Edson Fachin.

The case is being heard in the court’s virtual plenary and is scheduled to conclude at 11:59 p.m. on Thursday (18). Justices may still change their votes, request that the case be moved to an in-person session, or ask for more time to review the matter.

Casting the final vote so far, Moraes reiterated the position he took in the 2023 ruling, when he was one of nine justices who voted to overturn the time-limit doctrine. At the time, he said the date of the Constitution’s enactment should be seen as an “x-ray plate” of territorial occupation to strike a balance between the rights of Indigenous peoples and private property.

Moraes also agreed with Mendes’s argument that Congress cannot enact legislation contrary to the Supreme Court’s interpretation, but only regulate demarcation procedures. Like Dino, Moraes said this understanding could not be changed even through the approval of a proposed constitutional amendment (PEC).

“The fundamental nature of the right at issue, which elevates the matter to the status of an entrenchment clause, part of the Constitution’s rigid and immutable core, would prevent any attempt to alter this understanding through a constitutional amendment, since adopting the time limit would amount to distorting Article 231 of the Constitution and violating the principle prohibiting social regression,” Moraes said.

The ruling comes after the Senate last week approved a PEC seeking to reinstate the so-called temporal doctrine. The proposal had been shelved pending a decision by the Supreme Court, but was rushed through as a reaction to a decision by Justice Mendes that tightened rules for the impeachment of Supreme Court justices. The amendment still needs to be approved by the Chamber of Deputies, which is not expected to happen this year.

Toffoli also sided with the court’s most senior justice, but added reservations to ensure that good-faith improvements made by non-Indigenous occupants can be compensated until the demarcation process is concluded. He also said existing rules governing the role of anthropologists, experts, and other specialists in demarcation proceedings are sufficient.

In addition, he voted to reject compensation claims based on administrative documents without valid legal titles and, regarding state omission, stressed that conciliation is possible at any stage of the dispute and that review is part of the demarcation process.

Mendes’s vote opened the trial on Monday (15). He said the time-limit doctrine represents “a situation that is difficult to prove for Indigenous communities that were historically dehumanized through state or private practices of forced removal, killings and persecution.”

He also acknowledged a historical failure by the Brazilian state to conclude demarcation processes and set a 10-year deadline for the federal government to complete pending procedures.

Mendes further voted to allow Indigenous territories to be used for economic purposes, provided that the benefits accrue to the entire community and land possession is preserved.

Finally, he found unconstitutional the ban on expanding the boundaries of already demarcated Indigenous lands, arguing that the Constitution guarantees the correction of administrative acts with “serious and irremediable” errors.

In 2023, the Supreme Court struck down the time-limit doctrine by a 9-2 vote. In response, Congress passed a bill validating the doctrine. As a result, different parties and organizations took the matter to the Supreme Court, some seeking to uphold the law and others calling for it to be overturned.

The cases were assigned to Mendes, who set up a conciliation panel among the parties to seek consensus. In June 2025, the commission presented an agreement signed by the federal government, Congress, Indigenous peoples, and farmers, after 23 hearings held by the group.

Prior Supreme Court trial of the temporal milestone thesis in 2023, when it was struck down for the first time — Foto: Carlos Moura/SCO/STF
Prior Supreme Court trial of the temporal milestone thesis in 2023, when it was struck down for the first time — Photo: Carlos Moura/SCO/STF

*By Giullia Colombo — Brasília
Source: Valor International
https://valorinternational.globo.com/

 

 

 

12/17/2025 

Nearly two decades after the government promised a reactor capable of producing radioisotopes—radioactive elements that underpin radiopharmaceuticals used in cancer diagnostics and therapies—Brazil remains far from having the equipment available to society. The Brazilian Multipurpose Reactor (RMB) project has dragged on through postponements, revisions, and ceremonial events that have done little to change its pace.

Created to reposition the country in the nuclear research landscape and reduce external dependence, the RMB has advanced slowly despite R$5 billion earmarked for the project, according to the Ministry of Science, Technology, and Innovation (MCTI).

The reactor is the responsibility of the National Nuclear Energy Commission (CNEN) and, between 2008 and 2025, went through a succession of altered timelines, internal reviews, restarted phases, supplementary studies, budget interruptions, and debates over infrastructure, management, and governance. According to the agency, more than R$1.2 billion has already been allocated to the project through the National Fund for Scientific and Technological Development (FNDCT).

In February, the federal government held a new ceremony marking the start of construction of the reactor, to be implemented in Iperó, in the state of São Paulo, an event treated as a milestone by the MCTI. The first such ceremony took place in 2018, under former president Michel Temer. Nearly a year after the latest event, sentiment within the nuclear sector remains skeptical. Experts interviewed by Valor said the ceremony did not translate into real progress and that the project remains stalled by management failures.

The National Nuclear Safety Authority (ANSN), the agency responsible for sector regulation, said the licensing process has accumulated pending issues, in addition to an insufficient number of staff assigned to move the process forward. Today, there are more than 200 outstanding documentary requirements, including the Preliminary Safety Analysis Report (RPAS).

“This stage of licensing is of key importance, as it is when the regulator analyzes and understands the project’s overall concept, as well as how the applicant intends to address design-basis accidents and the performance of structures, systems, and components, both under normal operating conditions and during transients that challenge safety. Once this Preliminary Report is approved, it becomes possible to issue the Construction License for the project, even if accompanied by conditions and non-blocking requirements,” ANSN said in a statement.

The view that the bottleneck is essentially managerial is shared by representatives of the nuclear market, who for years have warned of CNEN’s difficulty in advancing the project even when funding is available. For Celso Cunha, president of the Brazilian Association for the Development of Nuclear Activities (ABDAN), the inability to execute is the main obstacle to completing the project.

“I firmly believe this is a management problem. We have a research institution managing the construction of a reactor, a major project. That’s not the usual skill set of this type of institution. It requires a whole body of work that is not trivial. Large engineering companies are used to doing this. That’s why it concerns us, and we are not seeing a reaction from the institution [the Institute for Energy and Nuclear Research (IPEN), CNEN’s technical-scientific unit in São Paulo] in that direction,” he said.

CNEN said the reactor is estimated at R$3 billion, with complementary laboratory and infrastructure facilities totaling R$2 billion. The commission attributes the slow pace to the budgetary and institutional context of recent years.

“Projects like the RMB require a strong budgetary and institutional base. The RMB was incorporated into the New PAC in 2023 and treated as a priority by the MCTI. For the RMB to be completed, continuous financial and institutional commitment is essential. In 2025, the ministry and CNEN held the ceremony marking the start of infrastructure works, signaling the transition to the practical phase of implementation,” the agency said.

“Infrastructure works at the site are being completed (earthworks, bridge, access roads, and internal roads). As for licensing, the environmental permit [from federal environmental agency IBAMA] has already been issued, and nuclear licensing has begun, which continues throughout the entire implementation process until the final stage, when the operating permit is issued,” it added.

The MCTI, in turn, said execution of the works and allocation of resources will take place “over the next five years,” until completion of the complex. Both ANSN and ABDAN agree that the project has been structured in a highly centralized manner, with too few professionals involved.

While the RMB is not completed, Brazil remains dependent on imported radioisotopes. Today, virtually all supplies come from the Netherlands, Russia, and, to a lesser extent, Israel. The fact that the latter two countries are involved in geopolitical conflicts makes supply unstable.

The situation is already affecting public healthcare services. In a statement, the president of the Brazilian Society of Nuclear Medicine (SBMN), Elba Etchebehere, pointed out that the country faces “persistent shortages resulting from production capacities that still do not fully meet the sector’s needs,” and that only about one-third of national demand for radiopharmaceuticals is currently met. For her, expanding production is essential to stabilize supply and ensure public access to exams and treatments.

The domestic structure responsible for processing part of these inputs also faces limitations—this time, regulatory. According to a letter sent by ABDAN to ANSN, reviewed by Valor, IPEN’s radiopharmacy currently does not have an active operating authorization due to infrastructure and regulatory compliance issues. The facility was at one point shut down by the Health Surveillance Coordination Office and, according to the association, remains barred from expanding capacity or making structural changes until documentation for license renewal is submitted.

These materials are processed at IPEN, but because they are imported, a significant portion loses effectiveness during transit before reaching Brazil. The race against the clock is due to the so-called “half-life.” Radioisotopes have a specific physical behavior: they degrade rapidly. “Half-life” refers to the time it takes for half of a radioactive substance to decay.

Brazil’s situation contrasts with that of neighboring countries. Argentina already produces radioisotopes that Brazil cannot, reinforcing perceptions of technological lag and a lack of planning in the country’s nuclear sector.

The RMB would eliminate this problem. The reactor would have an impact not only on healthcare but also on science, technology, and industry. According to the MCTI, the project is designed to support the development of domestic technology for manufacturing nuclear fuels and materials used in research and power reactors.

*By Robson Rodrigues and Isa Morena Vista — São Paulo

Source: Valor International

https://valorinternational.globo.com/

 

 

 

12/17/2025 

Between 2020 and 2025, farmers in Rio Grande do Sul lost a total of R$126.3 billion in revenue due to climate-related events such as droughts and floods, according to the state’s Agriculture Federation (Farsul). The group estimates that 48.6 million tonnes of grain production were lost during this five-year period, based on the gap between expected and actual harvests.

The agricultural sector in the state faced another year of losses in 2025. Farsul estimates a shortfall of 8 million tonnes from an expected harvest of 39 million tonnes of rice, corn, soybeans, and wheat. Only slightly more than 31 million tonnes were harvested. As a result, the sector’s Gross Production Value is expected to come in nearly R$20 billion below forecast this year. Farsul projects a 10.66% contraction in Rio Grande do Sul’s agricultural GDP for 2025.

“We’re facing an extremely challenging outlook, especially given the direction of Brazil’s economy,” said Farsul President Gedeão Pereira during a press conference.

He stressed the need for investments in irrigation and soil management to reduce the impact of droughts, but noted that farmers’ financial difficulties will likely delay these improvements. “These measures aren’t cheap, and in the crisis we’re facing in the state, implementing them will take even longer,” he said.

Following consecutive years of droughts and floods, farmers’ repayment capacity has deteriorated, leading to a sharp rise in defaults. The state’s rural loan default rate rose from 0.79% in August 2024 to 3.28% in August 2025. The total amount in default jumped from R$699 million to R$3 billion over 12 months, a 331% increase.

This deterioration in credit quality has forced financial institutions to reassess their risk exposure. Banks are now demanding more collateral, reducing exposure, and making it harder for farmers—especially tenants without real guarantees—to obtain financing, Farsul said.

“There was a 21% drop in the number of rural credit borrowers in Rio Grande do Sul for the 2025/26 planting season. And we have an 11.4% default rate on rural credit due to high interest rates,” said Antônio da Luz, Farsul’s chief economist.

Credit performance in the state confirms this tightening. According to Central Bank data analyzed by Farsul, rural production loans fell 10% over 12 months and 23% between July and November. The number of contracts dropped 13% and 20% in the same periods, respectively.

Investment credit declined even more sharply. Over 12 months, the total amount borrowed dropped 23%, and by 41% between July and November. The number of investment contracts fell by 27% and 40%, respectively.

Debt renegotiation

In this context, Farsul called for changes to provisional presidential decree (MP) 1314/2025, which addresses the renegotiation of rural debts. The measure offers financial relief for farmers and cooperatives affected by crop losses between 2020 and 2024 and authorizes up to R$12 billion in credit for debt renegotiation.

The federation is asking for several adjustments to ensure broader access to the program, including the inclusion of 2025 crop-year loans, a revised cutoff date for default status, the inclusion of previously renegotiated loans aimed at maintaining good standing, prioritization of market-rate credit operations, and an increase in available funds.

Farsul is also advocating for the approval of Bill 5122/2023, currently under review in Brazil’s Congress. The bill addresses the securitization and renegotiation of rural debts and would authorize the use of the Social Fund (financed by pre-salt oil revenues) to create an emergency credit line for farmers affected by natural disasters.

“We’re working to improve MP 1314. If those changes aren’t enough, we’ll appeal to the Senate president to bring Bill 5122 to a vote. It’s much more comprehensive,” said Domingos Velho Lopes, Farsul’s newly elected president, who will take office on January 1.

*By Marcelo Beledeli — Porto Alegre

Source: Valor International

https://valorinternational.globo.com/

 

 

12/17/2025 

Brazil’s Ministry of Mines and Energy will formally request that the ANEEL, the country’s electric power regulator, initiate the termination process of Enel’s electricity distribution concession in São Paulo, Energy Minister Alexandre Silveira announced on Tuesday (16) alongside São Paulo Governor Tarcísio de Freitas and São Paulo Mayor Ricardo Nunes. The move marks the first official step toward ending the company’s contract.

The announcement followed a meeting at the São Paulo state government headquarters between the three officials. Last week, high winds exceeding 90 km/h knocked out power for 2.2 million homes in the metropolitan region served by Enel, affecting over 8.5 million people.

Silveira, Tarcísio, and Nunes presented a united front in calling for the contract’s cancellation. “Enel has lost the necessary conditions, reputationally included, to continue providing concession services in São Paulo,” Silveira said. “We are jointly urging the regulatory agency to start the process of terminating Enel’s concession in São Paulo.”

“We are fully aligned—federal, state and municipal governments—to initiate a rigorous regulatory process. We expect ANEEL to respond as quickly as possible to the people of São Paulo by starting the termination procedure, which will certainly result in better power distribution services,” Silveira added. He did not provide a timeline for ANEEL’s decision.

Governor De Freitas called Enel’s situation in the state “absolutely unsustainable.” “It can no longer provide services. There is a serious reputational issue, and it repeatedly leaves our population stranded,” he said. “We have agreed that there is no alternative but to proceed with the most severe measure available in the concession contract: declaring its termination.”

‘No other alternative’

He added that both the state and municipal governments will submit studies to the Ministry and Aneel detailing Enel’s repeated failures in São Paulo to support the case for ending the contract. “There is no other alternative,” he said. “This is the main regulatory measure available and carries serious consequences, including the suspension of the right to request an early contract renewal.”

Enel serves 24 municipalities in the metropolitan area, including the capital. Its contract runs through 2028. Despite repeated outages and service failures, the company has already requested an early renewal from ANEEL.

Mayor Nunes reiterated that the federal ministry would press ANEEL to begin the termination process. “Enel lacks the structure and commitment to meet the region’s needs, especially when faced with adverse events stemming from climate change,” he said.

Both Nunes and Tarcísio said the joint meeting of the three government levels was encouraged by President Luiz Inácio Lula da Silva, who is closely monitoring the issue. On Friday, the governor and mayor briefly spoke to Lula about the situation during the launch event of the SBT News channel in São Paulo.

As of 7 p.m. Tuesday, Enel’s website showed 47,526 properties in São Paulo without power, about 0.81% of its clients in the city. On Monday, the number was 25,000. Other cities in the metro area saw double-digit outage rates: São Lourenço da Serra (13.8%), Ribeirão Pires (11.47%), and Juquitiba (10.8%). The storm hit the region on Wednesday (10).

Power outages have been a persistent issue for Enel’s service areas in São Paulo. In 2023, 2.1 million homes were left without power; in 2024, the number rose to 2.4 million.

In a statement, the São Paulo city government said Enel had signed a cooperation agreement committing to 282,271 tree prunings this year. “However, only 31,945 prunings—11% of the Annual Pruning Plan—had been completed by the company as of Monday (15),” the statement said. “This pitiful result proves the concessionaire’s lack of commitment and the poor quality of service provided to the people of São Paulo.”

Enel did not respond to a request for comment.

*By Cristiane Agostine and Gabriel Caprioli — São Paulo

Source: Valor International

https://valorinternational.globo.com/

 

 

 

 

12/16/2025 


EU safeguards could temporarily suspend tariff preferences on Mercosur farm imports — Foto: Marcos Oliveira/Agência Senado
EU safeguards could temporarily suspend tariff preferences on Mercosur farm imports — Photo: Marcos Oliveira/Agência Senado

Amid mounting pressure from European countries in the final stretch ahead of the signing of the trade agreement between Mercosur and the European Union, Brazil’s Foreign Ministry has received signals that the deal will be approved next Saturday (20).

Despite the optimistic tone, Gisela Padovan, secretary for Latin America and the Caribbean, said the safeguards approved by the European Commission are a source of “concern.”

“The signal is one of confidence [that it will be signed],” the ambassador told reporters on Monday (15). According to her, if there were any “minor delay” in the signing, this would not initially be “a major problem.” “What matters to us is to close out 26 years of negotiations that are important for both sides,” she added.

Padovan said Brazil managed to include important elements in the agreement compared with the 2019 negotiations, especially in the areas of government procurement and intellectual property. “Brazil remains optimistic. We depend on the vote in the [European] Council, but we have signals that the idea is indeed to sign.”

That confidence stems in part from the fact that even if France and Poland oppose the agreement, it would still have a quorum for approval. There are, however, concerns over the safeguards that will be examined on Tuesday (16) by the European Parliament.

In practice, the new safeguards allow for the temporary suspension of tariff preferences on agricultural imports from Mercosur countries if those imports harm European Union producers. “I am familiar with the safeguards issue and I think it is something that deserves concern,” the ambassador said.

President Luiz Inácio Lula da Silva is expected to travel to Foz do Iguaçu on Friday (19) to attend the Mercosur and Associated States Summit the following day. There is also an expectation that the agreement will be signed on that date. It has yet to be confirmed whether the Brazilian president will hold bilateral meetings, as his schedule will be tight.

According to the ambassador, European Commission President Ursula von der Leyen and European Council President António Costa are expected to attend. Mercosur heads of state are also expected to be present.

As reported by Valor, the Brazilian government sees no room for a months-long postponement of the signing of the Mercosur–European Union agreement. The federal administration’s assessment is that if the European Union delays the process until February or March, for example, new obstacles will continue to emerge that could prevent the trade deal from being finalized.

In the view of government sources, in a context of weakening multilateralism, failure to conclude the Mercosur–European Union agreement would send a negative signal, suggesting an inability to reach an understanding between two of the world’s largest economic blocs.

Government interlocutors also say concessions have already been made on agricultural products, especially meat, and that there would be no justification for resistance to the agreement.

*By Sofia Aguiar  — Brasília

Source: Valor International

https://valorinternational.globo.com/

 

 

 

12/16/2025

Brazil’s Supreme Court began voting on Monday (15) on four cases challenging the bill that reinstates the so-called temporal milestone for the demarcation of Indigenous lands. The review opened with the opinion of the rapporteur, Justice Gilmar Mendes. In his vote, Mendes argued that the thesis is unconstitutional. The temporal thesis holds that Indigenous peoples would only be entitled to lands they occupied or were disputing on the date the Constitution was enacted, on October 5, 1988.

Justice Flávio Dino joined the rapporteur, putting the score at 2-0. The case is being heard in the virtual plenary and will run through Thursday (18). Under this procedure, justices do not meet to debate the case; they submit their votes on a digital platform.

The court resumed analysis of the matter last week. In two in-person sessions, justices heard oral arguments from the parties and interested stakeholders.

In Mendes’s view, setting the temporal cutoff at the date of the Constitution creates a “situation that is difficult to prove for Indigenous communities that were historically dehumanized by state or private practices of forced removal, killings, and persecution.”

The justice also proposed a 10-year deadline for the federal government to complete all pending demarcations. According to him, there has been an “omission” in concluding cases. “More than 35 years after the promulgation of the Federal Constitution, it seems to me that sufficient time has elapsed for the definitive maturation of the issue, such that there is no longer any way to postpone solving this problem, making it incumbent on the Executive branch to properly address the matter and conclude demarcation procedures within a reasonable, yet peremptory, timeframe,” Mendes said.

The senior justice of the court also declared unconstitutional the veto on expanding the boundaries of already demarcated Indigenous lands, arguing that correcting administrative acts is guaranteed by the Constitution when there is a “serious and incurable” error in the conduct of the procedure. He further defended economic activities on Indigenous lands by the local communities themselves, including tourism, provided the benefits reach the entire community and land tenure is preserved.

In 2023, the Supreme Court struck down the temporal milestone thesis. At the time, the vote was 9-2, and the cases were reported by Justice Edson Fachin. In response, Congress approved a bill reinstating the thesis backed by agribusiness representatives. As a result, several political parties and Indigenous representative organizations filed cases with the Supreme Court seeking both the validation and the overturning of the law.

The cases were assigned to Mendes, who ordered the creation of a conciliation table for the parties to seek a negotiated solution. In June 2025, the commission presented an agreement signed by the federal government, Congress, Indigenous peoples, and farmers, after 23 hearings.

In the ongoing judgment, if the justices approve the agreed terms, the text will be sent to Congress as suggestions for legislative amendments.

The Supreme Court’s review comes after the Senate approved, by 59 votes to 15, a proposal to amend the Constitution (PEC) reinstating the temporal milestone. The vote was a reaction to a preliminary injunction by Mendes in another case that tightened rules for impeaching justices, determining that proceedings could only be initiated by the Prosecutor General’s Office (PGR). Last week, however, Mendes granted a Senate request to reverse that decision and removed the case from the court’s agenda.

The PEC now before the Senate still needs to be considered by the Chamber of Deputies. If approved, it may be promulgated without the consent of President Lula.

*By Maira Escardovelli — Brasília

Source: Valor International

https://valorinternational.globo.com/

 

 

12/16/2025 

High, persistent, and widespread crime and violence in Brazil create an economically hostile environment across large parts of the country. This discourages interest from both domestic and foreign investors and leads to significant costs for businesses, including losses in productivity, competitiveness, and human capital. Experts point out that the problem worsens when criminal organizations infiltrate the political sphere and public administration.

“The economy is a connected system. Governments create public policies to help the population and businesses generally,” said Daniel Cerqueira, a board member of the Brazilian Public Security Forum. “If governments are chaotic, if they don’t work well, if laws are poorly made, and if the environment is unfriendly to investment, it naturally causes capital to leave and investment interest to decrease.

This situation can be understood from both an international perspective—Brazil’s relationship with the rest of the world—and a domestic one, Cerqueira said. “In a study analyzing 62 countries, researchers found that higher homicide rates are associated with lower foreign direct investment,” he said, citing research by Leanora Brown and Keva Hibbert that includes Brazil in the sample.

The economic impacts of crime work through various channels, according to Cerqueira. The first is that crime and violence raise business costs, which lowers companies’ competitiveness. “Costs increase through direct channels, such as the need for businesses operating in violent environments to pay higher freight and insurance premiums. But there is also productivity loss through indirect channels, such as the victimization of workers,” he said.

That victimization, in turn, may be direct—such as when a worker dies due to violence—or indirect, involving physical and/or psychological effects on employees. “There is an issue of human capital loss, whether because the employee was murdered or because they developed, for example, post-traumatic stress disorder and need to take time off for treatment. All of this ultimately also represents a cost for companies,” Cerqueira said.

A 2023 study by the Center for Studies on Security and Citizenship (CESeC) showed, for example, that rates of hypertension, prolonged insomnia, depression, and anxiety are higher in communities in Rio de Janeiro that are more exposed to shootouts involving security forces.

These costs influence companies’ strategic choices: they might decide not to start a business in violent areas or, if already there, to leave. “Rio has several examples. The Jacarezinho area, which experienced what was then the deadliest police operation until this year’s operation [in the Alemão/Penha complex], once hosted numerous factories. They gradually shut down as the area became extremely violent,” Cerqueira said. “There was a demobilization of physical capital to other locations, and that represents a cost for companies.” Cerqueira is referring to a police operation that left 28 people dead in the Jacarezinho favela in 2021. In this year’s mega-operation, 121 people were killed, including four police officers.

Violence can also reduce consumer willingness to frequent these businesses and ultimately undermine profitability, the expert added. “It can discourage certain types of consumption, such as restaurants and cultural activities, because people are afraid to go out, in addition to its effects on tourism by foreigners and Brazilians,” he said. “Tourism is a sector that, for a long time, several countries such as Portugal and Spain have strategically used as an engine of development, but a country that appears in the news every day because of high levels of violence discourages tourists.”

This has the potential to affect Brazil’s current account balance, which records transactions between residents and non-residents. “Tourism functions as a kind of export for us, and that would be declining,” Cerqueira compares.

Another factor related to organized crime that lowers productivity in legitimate companies is the infiltration of criminal organizations into legal sectors, Cerqueira noted. “With funds that often come from money laundering, they can sell at lower prices. To stay competitive, other legitimate businesses are forced to cut prices—not because that competitor is more efficient, but simply because it has surplus resources from illegal markets. There are many examples of this,” he said.

He cites a recent case: Operation Hidden Carbon, which dismantled a complex network of shell companies, investment funds, and fintechs used by the criminal organization Primeiro Comando da Capital (PCC) to launder money, defraud the fuel market, and hide assets. The Institute for Legal Fuel (ICL), which represents major fuel distribution and petrochemical companies, estimates that at least R$30 billion is siphoned off from the sector annually due to tax evasion, non-payment, and fraud against consumers, including pump tampering and fuel adulteration, known as “blended fuels.”

A more recent issue in Brazil that has also attracted attention—and carries economic consequences—is the infiltration of organized crime into politics and public administration. “When policy decisions are made to benefit specific groups, laws and contracts are drafted in a biased way, leading to a broad loss of economic efficiency. This is a cost that society as a whole will have to bear,” Cerqueira said. He cited, as an example, bus companies in São Paulo that are under investigation for alleged links to the PCC. “These are contracts that may be costing society more while generating less well-being.”

Even before the major operation in Rio de Janeiro at the end of October, William Jackson, chief economist for emerging markets at Capital Economics, had already pointed to “worrying signs regarding the prevalence of criminal organizations in Brazil recently.” In his view, recent events “have highlighted that crime is a politically relevant issue and that there is a shift—at least in some parts of the political spectrum—toward a much tougher approach to fighting criminality.”

Jackson estimated that high crime rates reduce Latin America’s potential gross domestic product (GDP) growth by around 0.25 percentage points, placing Brazil in an intermediate position. “It is not as severe as in some high-crime regions, such as parts of Central America, but it carries a higher cost than in other countries—for example, Uruguay and Chile.”

Although conditions have improved compared with last year, Brazil ranks as the third least peaceful country among 11 in South America assessed by the 2025 Global Peace Index (GPI).

Produced by the think tank Institute for Economics & Peace (IEP), the GPI evaluated 163 countries and independent territories in this year’s edition. Brazil ranks 130th, an improvement over its 2024 ranking. Within South America, however, only Venezuela (139th) and Colombia (140th) perform worse.

The index includes 23 qualitative and quantitative indicators that evaluate the “state of peace” across three areas: the level of ongoing domestic and international conflict, the degree of militarization, and safety and security—the category where Brazil scores the lowest. This grouping considers factors like national harmony or discord, including crime rates, terrorist activities, violent protests, and relations with neighboring countries.

Felipe Tavares, chief economist at BCG Liquidez, references a study by the Inter-American Development Bank (IDB) showing that Southern Cone countries lose about 3.39% of GDP annually due to high crime rates. In Brazil’s case, the yearly social loss is estimated at R$372.9 billion.

Based on this, Tavares estimated that R$32 billion of that amount is attributed to the state of Rio de Janeiro. Focusing only on the direct effects of violent crime, the yearly impact would be approximately R$13 billion. Tavares also estimates that arrivals of foreign tourists experience an average negative impact of 0.17%, which affects sectors like hospitality, retail, and services.

Using a municipal-level econometric approach, distinct from that employed by the IDB, Tavares reached similar conclusions: the economic impact of crime in Rio de Janeiro ranges from R$10.7 billion to R$11.5 billion per year. “Crime erodes wealth, reduces productivity, and imposes a persistent social cost on the state’s economy,” he said.

From an economic perspective, crime can be understood as an “incentives problem,” Tavares argues. He cites Gary Becker (1930-2014), the American economist and 1992 Nobel laureate who developed, among other ideas, the “economics of crime.” The idea, Tavares explains, is that criminal behavior is also a rational decision: individuals weigh the expected benefit of the crime against the cost of punishment. If the perceived gain outweighs the risk of punishment, crime becomes an economically viable option.

“In contexts of high poverty and inequality—as is chronically the case in the state of Rio de Janeiro—the imbalance between the costs and benefits of crime tends to intensify. Adverse economic cycles increase the appeal of illicit activities, especially in regions where the presence of the state is weak and the expected returns from formal employment are low,” Tavares said. The result, he added, is a parallel economy that competes with the productive economy, distorts incentives, and destroys human capital.

It is also based on diagnoses like this that Renato Galeno, coordinator of the international relations program at the business school IBMEC-RJ, argues that equating criminal factions with terrorist groups would not be an effective method for combating organized crime. “When we talk about terrorist groups, we think in terms of means and ends. Violence is not an end in itself; the end is rooted in strong convictions and political and ideological motivations—broadly speaking, in revolutionary, religious, nationalist, or ethnic or racial movements. This is very different from groups whose objective is to make money.”

Because the motivations of these two types of organizations differ, the way to address them must also differ, Galeno argued. “People who are part of terrorist groups are highly driven by passion. The measures to prevent them from being drawn into such groups are different. For groups that want to make money, people can still walk away—what I call a ‘social remedy.’ Confusing the two does not help and may harm Brazil, its population, and its businesses,” he argued.

Jackson, of Capital Economics, added that in this effort Brazil faces a “particularly challenging” fiscal situation, with little room to increase spending on crime-fighting. “The room for maneuver is limited.”

*By Anaïs Fernandes — São Paulo

Source: Valor International

https://valorinternational.globo.com/

 

 

12/15/2025 

The surety bond model that allows insurers to take over public works in case of delays or contract failure gained traction in 2025, covering or expected to cover about R$2.45 billion in infrastructure projects. However, insurers say key regulatory issues must still be addressed before the model can fully take hold.

With the deadline to comply with Brazil’s New Public Procurement Law passing in late 2023, contracts for large infrastructure projects over R$200 million are now required to include a “step-in clause.” The first case was in April 2024, in the state of Mato Grosso.

The insurance industry sees strong growth potential for this product, which is expected to help solve Brazil’s chronic issue of stalled public works. By reducing uncertainty, the model could also expand the scope of infrastructure projects and attract more investors.

But adoption has been slower than expected, said Esteves Colnago, head of institutional relations at CNseg, Brazil’s national insurance confederation, which compiled the project data by analyzing public tenders.

“We expected more momentum. Usage began strong, especially in states like Mato Grosso, but the lack of adoption by federal authorities has hindered broader uptake,” Colnago said. Insurers are pushing for regulatory clarity to unlock growth.

The Superintendence of Private Insurance (SUSEP) is working with the Finance Ministry on a draft decree to define the rules, said Jéssica Bastos, director of market organization and conduct regulation at the insurance regulator.

“In a second phase, additional regulations by the National Council of Private Insurance and SUSEP may be needed to improve understanding and support growth,” she said. “It’s not that the instrument hasn’t caught on, but there’s a lot of room to scale up.”

Attorney Guilherme Reisdorfer, a partner at law firm Vernalha Pereira, said regulation is not strictly required under the law, but would be welcome to strengthen legal certainty and clarify processes like communication between parties.

He highlighted governance benefits of the new model: “For the public sector, it helps to have an insurer assessing the contractor. For contractors, the insurer validates their work. It adds an extra layer of control for both sides.”

Cássio Amaral, partner in the insurance and finance practice at law firm Machado Meyer, said adoption so far has been “very timid,” due to a lack of understanding about how step-in clauses work in practice. “We need guidelines, decrees at the federal, state, and municipal levels, so public agencies know how to include this in contracts and tenders,” he said.

Some states have lowered the project value threshold for requiring the insurance. Mato Grosso, which led the way, passed a law mandating step-in clauses for works above R$50 million. Goiás followed suit in 2025. Paraná and Pernambuco also included the model in tenders this year.

Under the rules, the bond issued by the insurer may cover up to 30% of the total project value. If the contractor defaults, the insurer has two options: take over and complete the project by hiring another construction company, or pay the full value of the bond.

One key point under discussion is ensuring that the bond is not used to cover penalties that should remain the responsibility of the original contractor. The goal is to clarify the division of obligations among the parties.

Insurers also have questions about what happens after the step-in clause is triggered. “When choosing a new company to finish the project, do we have to select from the original bidders, or can we pick someone we trust?” Colnago asked.

Another unresolved issue is the flow of funds. While part of the remaining budget comes from the insurer, the other portion is public money. It’s unclear whether this public share will be paid directly to the construction company or routed through the insurer, the latter is considered less efficient.

Colnago also stressed the need to clarify when insurers can decline to complete a project. Some argue that step-in should be mandatory, but insurers want the right to opt out in cases where technical flaws make the project unfeasible.

The market agrees on one point: if the bond covers significantly less than 30% of the project, insurers are unlikely to take on the risk of finishing the work.

“You don’t take over a project with less than a 30% bond,” said Amaral. “In the U.S., most states require surety bonds to cover 100% of the project value, and some require at least 50%.”

“Public entities in Brazil need to understand that demanding a step-in clause with a lower percentage is unrealistic. The additional cost is too high, and in the end, insurers will prefer to just pay the bond amount.”

The potential of this new market has already led insurers to expand their teams, hiring engineers and specialists to meet growing demand.

Tokio Marine, which issued the first such policy in Mato Grosso, and Junto Seguros, which has had a risk management team since 2011, are two examples.

“Even so, we’re still hiring specialized engineers to strengthen our capacity, and we’ve mapped companies across Brazil that can support us as demand grows,” said Roque de Holanda Melo, CEO of Junto.

Dyogo Oliveira, president of CNseg, said insurers are ready and public tenders are moving forward. “What we need now is to take bigger steps to really accelerate,” he said.

*By Rita Azevedo — São Paulo

Source: Valor International

https://valorinternational.globo.com/