REGNET SOLUTIONS: BRAZIL RESEARCH NOTES

Last Updated: 10 February 2021

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Overview

Which agencies are charged with regulating the safe construction of vehicles in Brazil?

What is the role of states in regulating motor vehicles?

How does Brazil regulate motor vehicle emissions?

How does Brazil regulate communications and EMC?

What are the different types of regulatory documents in Brazil and what are their functions?

Does Brazil have a Type Approval process?

Does Brazil regulate Autonomous Vehicles?  What is the current state of AV regulations?

What is the current status of Electric Vehicles and Fuel Cell Vehicles?  Are there incentives or compliance timelines to move to EVs?

 

 

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RegNet Solutions, LLC does not provide legal or engineering advice. This material has been provided for informational purposes, and it is not intended to provide, nor should it be relied on for, legal or engineering advice.

 

Overview

This document has been designed to help our regulatory compliance customers navigate Brazilian regulations.  RegNet Focus includes coverage of Brazil's emissions, and vehicle safety regulations.  RegNet Solutions offers Brazilian regulations in English.  The regulations have been machine translated and then reviewed by Brazilian/English bilinguals.  Regulations are presented in a consolidated format with markups in red type where amendments have been made. 

 

Which agencies are charged with regulating the safe construction of vehicles in Brazil?

CONTRAN, by its State agencies regulates the safe construction of vehicles. For instance, INMETRO (which is a legal entity with status of an Agency (given by law), makes standards for all vehicle's specifications such as measures, fuel consumption etc.  ABNT (Associação Brasileira de Normas Técnicas) is an association whose purpose is to set all the safety rules by issuing technical compliance guidelines (NBRs).

CONTRAN is the national traffic board, and it is composed by several federal government ministries, such as Environment, Transportation, among others. CONTRAN is the highest public agency regarding the national traffic public politics, and it coordinates the Traffic National System. Also, it is responsible for all the CTB (Law n# 9.503/1997, the Brazilian Traffic Code) regimentation and issuing acts.  Created in 1997, its headquarters is placed on the Federal District and has as its goal to uphold the uniformity and enforcement of the Traffic Code

Still, it is responsible for setting up expert groups gathered to debate about traffic and related topics. In these groups, experts suggest changes and new acts for CONTRAN to update the Traffic Code.

Additionally, CONTRAN sets up all the guidelines to run the CETRANs, CONTRANDIFE and JARIs (Agencies subordinated to CONTRAN).

As a comparison, the Brazilian CONTRAN is an equivalent to the US Department of Transportation.

           

DENATRAN

The National Traffic Bureau or DENATRAN is also a High Public Agency, but in the matter of traffic, its power is related to enforcement of the Traffic National System. It has administrative and technical autonomy upon the whole country.  Its main mission is to supervise and enforce the Traffic Legislation. Also, with headquarters in Brasília (Federal District) DENATRAN enforces all the rules and acts issued by CONTRAN through the Brazilian Traffic Code (CTB).

 

It supervises all the states departments (DETRANs) and it presents the guidelines to the national traffic campaign. Among its assignments is the entries of driver's license (CNH) and the vehicle registration number (RENAVAM).

 

How does Brazil regulate motor vehicle emissions?

Regulated by the MMA, the following agencies are responsible:

 

CONAMA

The Environment National Board (CONAMA) is a consulting and deliberating agency from the Environment National System, regulated by the Decree 99.274/90.
As a law making agency, the management of air quality (GQA) it has an active part in CONAMA, and it is responsible for coordinating the Task Forces which issued the Acts n# 403/2008, 414/2009, 415/2009, 418/2009, 426/2010, 432/2011, 433/2011, 435/2011, 451/2012 and 456/2013 all of those referring to vehicle pollutant emissions.

IBAMA

The  Brazilian Environment and Renewable Resources Institute (IBAMA) has as its main attribution to promote Environment Inspection; enforcing the national environment policies, related to the federal attributions to environmental licensing, to environmental quality control, exploitation right of natural resources and also supervising, monitoring and environmental control;  as to enforce Brazil's supplementary actions according to the current environmental  laws.

 

Pursuing its attributions IBAMA may integrate actions with Agencies and Entities of the federal public administration, States and Cities. As a comparison, Brazilian IBAMA is the equivalent of US EPA.

There are two emissions programs related to the vehicle pollutant emissions regulations:

 

PROCONVE, which regulates motor vehicles, including consultation about vehicle pollutant emissions on new vehicles in Brazil, licensing for new vehicles, engines or machines, and vehicles pollutant emissions control.

 

PROMOT, which regulates motorcycles, including the licensing of motorcycles, mopeds and similar vehicles.

 

Also, there still the common programs for both motorcycles and vehicles related to pollutant emissions, as the Reducing Agent Automotive Liquid 32 (Arla 32), hybrid vehicles efficiency calculation and regularization for Fuel additive for vehicles

 

How does Brazil regulate communications and EMC?

On this matter, the ANATEL (which is the Telecommunications Agency) issued the Act n# 1120/2018 regulating EMC, and all the standards are inserted in this act when it comes to EMC.

 

What is the role of states in regulating motor vehicles?

As reference to CONTRAN above, the Traffic National System operates in a similar way to the US. In the Federal scope, CONTRAN and DENATRAN regulate and enforce the Traffic Legislation.

In the other side, the States through DETRANs operates the issuing of driver's license registrations, vehicle registrations, and issuances and administration of fines.

 

What are the different types of regulatory documents in Brazil and what are their functions?

Acts and Decisions are the most commons regulatory bills. They both normally are issued by the director/president of a certain agency while within the scope of the agency.

As to the hierarchy of the law. The root of all legislation related to vehicles is the Brazilian Traffic Code (CTB), Law n#9.503/1997.  Below this legislation, are CONTRAN and DENATRAN regulations, and then, State level regulations.

 

Does Brazil have a Type Approval process?

According to Brazilian regulations (Federal Law n# 9472/97), telecommunications products to be sold and used in Brazil, must have a Certificate of Conformity issued by a Designated Certification Body (OCD), indicating that they comply with Brazilian regulatory requirements. This certificate must also be approved/homologated by Anatel. Anatel is the agency responsible for regulating EMC.

 

Does Brazil regulate Autonomous Vehicles?  What is the current state of AV regulations?

Currently, there are no regulations specific to autonomous vehicles.  DENATRAN has started discussions with regard to the regulation of autonomous vehicles with the expectation that AVs may be regulated in 2021.

 

What is the current status of Electric Vehicles and Fuel Cell Vehicles?  Are there incentives or compliance timelines to move to EVs?

In Brazil, there is a law project still pending in the Senate (Project of law n# 454) proposing the end of combustion engines by 2060, exchanging combustion engines for electric vehicles.

The National Electric Energy Agency (ANEEL) approved in July 19, 2018, the Normative Resolution Nº819/2018, the first regulation on recharging electric vehicles by those interested in providing this service (distributors, gas stations, shopping centers, entrepreneurs, etc.).

The State of São Paulo encourages the use of hydrogen moved or electric cars through LEI Nº 15.997, DE 27 DE MAIO DE 2014.

Law Project 5308/20 which exempts the Taxes on Industrialized Products (IPI) on the importation and exportation of electric and hybrid cars. The proposal by Luiz Nishimori intends to encourage the demand for electric cars in Brazil with more affordable prices, opening space for investments in the sector and generating jobs.

Law Project 3174/20, creates an incentive policy for electric vehicles, based on tax cuts and fleet changes for the federal government. The text also provides for the creation of priority credit lines for the production of electric cars in Brazil. The Project determines that from 2025, at least, 10% of federal police, federal highway and federal penal systems must be electric. By the year 2035, 90% of the federal fleet should have electric propulsion.