Practice Areas · Bernardi & Bernardi Advogados Associados

Environmental Permitting and Regulation

Legal management of highly complex permitting processes, focused on speed and on synergy between developer, environmental agency and technical consultants.

Permitting of complex projectsPreliminary, installation and operating licences before IBAMA and state and municipal agencies; water rights, vegetation clearance and special authorisations.

Management of licence conditions and portfoliosA single obligations matrix, control of deadlines and evidence, and management of large project portfolios at scale.

Due diligence, audits and legal opinionsEnvironmental legal audits, conclusive opinions and environmental liability clauses in contracts and corporate transactions.

Environmental Litigation and Crisis Management

Legal defence and strategic conduct of highly complex matters in the administrative, judicial and institutional spheres, at every level.

Administrative litigationInfraction notices, stop-work orders, defences and appeals before IBAMA and state and municipal environmental agencies, at every administrative level.

Public prosecutors and court litigationCivil and criminal investigations before federal and state prosecutors, high-profile public civil actions and negotiation of consent decrees (TAC).

Crisis management and remediationLegal response to environmental incidents, interface with agencies, communities and oversight bodies, environmental insurance, compensation and damage monitoring.

III

Carbon, ESG and Energy Transition

Integrated legal advice for the sustainability market, carbon credits, the energy transition and strategic ESG planning.

Carbon market and green assetsCarbon Credits, CBIOs, UCS, Green CPR and green bonds; structuring of projects and purchase and sale agreements for environmental assets.

Inventories and decarbonisation targetsTechnical and legal support for emissions inventories and compliance with national and international climate regulation.

ESG governance and greenwashingDefinition of targets and indicators, valuation of social and environmental assets and prevention of legal and reputational risk in environmental communication.

Energy transitionLegal structuring of onshore and offshore wind, solar, low-carbon hydrogen, biofuel and natural-gas-as-transition-energy projects — from licensing and regulatory design to contracts and the negotiation of instruments.

Strategic and Institutional Advisory

Strategic conduct of complex environmental matters, integrating legal analysis, multidisciplinary technical support and qualified institutional engagement.

Institutional engagementQualified dialogue with permitting authorities at all three levels of government, stakeholder management and proactive institutional relations.

Forward-looking regulatory readingLegislative monitoring and drafting, anticipation of regulatory change and prevention of liabilities before they materialise.

Transaction structuringEnvironmental due diligence in mergers, acquisitions and corporate transactions, and structuring of new projects and expansions with multidisciplinary support.

Where the firm operates

Nationwide regulatory practice before the administrative, collegiate and oversight bodies that conduct environmental permitting and enforcement in Brazil.

Permitting and enforcement

IBAMA · federal permitting, licence conditions and infraction notices
ICMBio · federal conservation units
State agencies · INEA, CETESB, IEMA, IAT, SEMAD, IMA and counterparts
Municipal agencies · local impact and civil defence

Sector regulation

ANP · oil, natural gas and biofuels
ANTAQ · waterway transport and port facilities
ANM · mining activity and mineral rights
SPU · Marinha · navy-owned shoreline land, DPC and NORMAM
ANA · water rights and jurisdiction over water resources

Collegiate bodies

CONAMA · National Environmental Council
CONEMAs · state councils across all 27 Brazilian states
River basin committees · watershed-level management
IPHAN · cultural heritage and archaeology
FUNAI · Palmares · indigenous and quilombola components

Oversight and litigation

Federal and state prosecutors · civil investigations, consent decrees and public civil actions
TCU · TCEs · CGU · external and internal oversight
Federal courts and regional appellate courts · litigation at federal level
STJ · uniform interpretation of federal statutes
STF · constitutionality and general repercussion

The scale of the matters we handle

A sample of matters handled by the firm's professionals, described in the form permitted by the ethical rules of the Brazilian bar.

Linear project

Pipeline master plan permitting

Management of environmental permitting for a set of pipeline projects of high regulatory complexity, running more than 500 km through urban areas and conservation units.

Oil and gas

Terminal in Ilha Grande Bay

Environmental legal advice and permitting for a strategic oil and gas terminal, with simultaneous interface between federal, state and port authorities.

External oversight

Proceedings before the Federal Audit Court

Representation before the Federal Audit Court in environmental matters of major national repercussion, including the Guanabara Bay and P-36 platform cases.

Technical litigation

The beach rocks case

Technical and legal work in a landmark case involving protected geological formations in a port area, including submissions to the Public Prosecutor's Office.

Port regulation

Due diligence on port operators

Regulatory and socio-environmental leadership and environmental legal audits of port operators and dredging projects, with interface with port and maritime authorities.

Public policy and rule-making

Environmental policy formulation

Engagement with the National Congress, ministries, environmental agencies, CONAMA and the state environmental councils, monitoring legislation and taking part in shaping federal and state policy for sectors that use or affect natural resources.

Agribusiness and agroforestry

Lifting of a farm embargo and defence against an administrative fine

Lifting of embargoes on rural areas in the Costa Verde region, with release of seized equipment, negotiation of a conduct adjustment agreement (TAC) and defence against an administrative infraction notice, combining specialised legal strategy with forestry and geoprocessing studies.

Real estate and marinas

Lifting of an embargo on a real estate development and marina

Lifting of the embargo on the refurbishment of a residential complex and marina in the Bracuhy region, combining legal work with forestry studies, historical maps of the area, and technical and official meetings with the enforcing authority.

In compliance with professional privilege and CFOAB Rule 205/2021, matters are described without identifying the parties and without stating amounts. Clients are named only with prior express authorisation.