Companies in the agribusiness sector are now subject to a new framework governing administrative proceedings arising from inspections carried out by MAPA – the Brazilian Ministry of Agriculture and Livestock.
In force since September 2025, the new rules standardize procedures, establish deadlines, and introduce mechanisms that allow infractions to be remedied with greater predictability, avoiding the suspension of activities whenever possible.
The new framework was established by Decree No. 12,502/25 and Ordinance SDA/MAPA No. 1,364/25, which regulate Law No. 14,515/22.
One of the main instruments introduced is the TAC (Term of Adjustment of Conduct), which may be proposed after the final decision in an administrative proceeding. The TAC allows companies to replace penalties such as suspension or revocation of authorization with a fine, provided that they commit to complying with conditions imposed by the Ministry.
“Companies now tend to have greater clarity regarding what to expect, how to position themselves, and how to pursue regularization,” explains attorney Guilherme de Castro Souza, partner at Oliveira Souza Advogados and a specialist in Business Law with a focus on agribusiness.
The recent regulation establishes uniform procedures and enables solutions such as the TAC, reducing risks and increasing stability for the agribusiness sector.
Standardization and Legal Certainty
The new framework establishes three levels of decision-making within MAPA. Following the issuance of a notice of violation, the company may submit a defense, which will be reviewed at first instance by the Ministry’s technical department, generally within the scope of the regional superintendencies.
If an appeal is filed, the case will be reviewed at second instance by one of the technical bodies linked to the Secretariat of Agricultural Defense, headquartered in Brasília.
Finally, if a further appeal is lodged, the case will be reviewed at third instance by the Special Commission for Agricultural Defense Appeals, which, among other responsibilities, is tasked with standardizing the Ministry’s interpretation through the publication of official statements.
The expectation is that decisions involving similar situations will follow the same criteria, regardless of the state or inspection authority involved. This allows companies to make more secure and predictable decisions regarding their defense strategy.
The TAC is formally предусмотрed as an alternative means of regularization in cases where decisions would otherwise result in the temporary or permanent suspension of the company’s activities.
“This is a measure that allows for the continuity of activities that generate positive externalities for society, for those companies that genuinely seek to improve their operations and correct the irregularities identified by the authorities,” Souza states.
Heightened Compliance Requirements
Final decisions in administrative proceedings may be published on MAPA’s website. This means that a company’s violation may become public, with potential impacts on its reputation, supplier negotiations, and even access to credit.
For this reason, heightened attention to document organization, internal controls, and deadlines is strongly recommended. Keeping invoices, technical records, and reports up to date facilitates the preparation of a defense and reduces the risk of more severe consequences. Legal support from the outset of the process also contributes to a more effective response.
Fines are now subject to clearer parameters, taking into account the company’s size, the severity of the infraction, and whether there is a recurrence, in which case the penalty may be increased. Installment payments or discounts on fines are also possible, provided the company does not file an appeal after the first-instance decision.
According to Guilherme de Castro Souza, a company’s posture from the outset of the process is decisive. “The stages and deadlines are clear. This requires an attentive and proactive approach immediately after the notice of violation is issued,” he explains.
He adds that understanding how the process works and promptly organizing the necessary documentation can be decisive in mitigating risks and ensuring the continuity of operations.