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ARTICLE · 03 MARCH 2026

MPF Recommendations On Land Lease Agreements For Energy Projects

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The Brazilian Federal Prosecution Service (Ministério Público Federal – "MPF") has issued three recommendations that significantly change the rules applicable to land lease agreements...

BrazilReal Estate and Construction
Débora Yanasse
Débora Yanasse
Ludmila Braga
Ludmila Braga
Luiz Gustavo Bezerra
Luiz Gustavo Bezerra
Gedham Gomes
Gedham Gomes
Laís Marques Palma
Laís Marques Palma
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The Brazilian Federal Prosecution Service (Ministério Público Federal – “MPF”) has issued three recommendations that significantly change the rules applicable to land lease agreements for wind and solar energy projects in Brazil. Recommendations No. 17/2023 and No. 22/2023, issued in April and May 2023, and more recently Recommendation No. 30/2025, issued in December 2025, address alleged abusive contractual practices, shortcomings in consultations with traditional communities, and non-compliance with legal rules governing land leasing by foreign or foreign-controlled companies. As a practical consequence, authorities such as the Brazilian Electricity Regulatory Agency (Agência Nacional de Energia Elétrica – “ANEEL”) and the National Institute for Colonization and Agrarian Reform (Instituto Nacional de Colonização e Reforma Agrária – “INCRA”) have been urged, through recommendations, to provide information, review authorizations and contracts, and amend their

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