Brazil’s National REDD+ Commission Approves Resolution on Safeguards in Public Lands and Collective Territories

On May 28, 2025, Brazil’s National REDD+ Commission (CONAREDD+) approved a resolution establishing guidelines for the implementation of jurisdictional REDD+ programs, public initiatives, and private forest carbon credit projects in public lands and collective territories. The resolution aims to safeguard the territorial, cultural, and socioeconomic rights of traditional peoples and communities involved in REDD+ projects and forest carbon credit mechanisms. The approved text will undergo further legal review and regulatory impact assessment before it is formally published.

Key provisions of the resolution include:

• Free, Prior, and Informed Consent (FPIC): The resolution provides for the execution of FPIC processes, in accordance with ILO Convention No. 169, based on consultation plans (for jurisdictional programs) or consultation protocols (for projects).
• Recognition of autonomy and right to carbon commercialization: The resolution addresses the autonomy of indigenous peoples, Quilombola communities, other traditional communities, and agrarian reform family farmers, including their right to trade Verified Emission Reduction or Removal Certificates (CRVE) and carbon credits generated within their territories, in accordance with Article 47 of Law No. 15.042/2024 (the Brazilian ETS Law – SBCE).
• Protection of traditional land use: Any restriction on access to or use of territories is expressly prohibited. Traditional and cultural practices such as hunting and authorized forest management must be respected. Contracts and legal instruments must be adapted to accommodate the cultural and socioeconomic specificities of these communities.
• Transparency and access to information: The resolution requires that benefit-sharing agreements, as well as economic, social, and environmental results , be made public in accessible language.
• Access to independent technical and legal support: Private carbon projects must provide sufficient resources for interested communities to hire independent technical and legal advisors. These arrangements must be agreed upon between the parties.
• Contractual flexibility: Given the long-term nature of carbon credit contracts, they must include review and termination clauses to ensure future generations may reassess their commitments under potentially different circumstances.

A significant point of debate during the CONAREDD+ meeting concerned Article 6 of the initial draft, which had required prior consent from governmental agencies such as FUNAI, INCRA, state land institutes, and the managing bodies of conservation units. However, this requirement was not included in the final text. Instead, the resolution provides that projects must comply with the applicable rules and procedures issued by these authorities.

Tauil & Chequer Advogados in association with Mayer Brown’s Environmental, Climate Change and ESG practice is available to assist with further analysis of this regulatory development and its implications for public and private REDD+ initiatives in Brazil.