National Council of the Public Ministry suspends recommendation for annulment of REDD+ fundraising contract
The recommendation was based on the allegation that the contract would constitute a "pre-sale of carbon credits related to future periods," a practice prohibited by Article 2, item XXVI, of Law No. 15.042/2024.
The National Council of the Public Ministry (CNMP) decided, after a request from the Pará Environmental Assets and Participation Company (CAAP), to suspend the effects of Joint Recommendation No. 7/2025, issued by the Federal Public Ministry (MPF) and the Public Ministry of the State of Pará (MP/PA).
The recommendation was based on the allegation that the contract would constitute a "pre-sale of carbon credits related to future periods," a practice prohibited by Article 2, item XXVI, of Law No. 15.042/2024, which regulates the carbon market.
Defense
CAAP clarified that the signed contract is a pre-agreement that defines future commercial conditions, without carrying out an effective transaction or generating a purchase obligation before the verification of emissions, thus being within the legality.
According to the Company, the document does not violate Law No. 15.042/2024 nor the Brazilian System of Greenhouse Gas Emission Trading (SBCE). Clauses in the contract expressly and strictly establish that the sale is conditioned upon the verification of emission reductions. “Until this occurs, there is no financial obligation between the parties, which removes the configuration of a pre-sale, prohibited by law. The sale will only be completed if the credits are duly issued after the verification of results,” defends CAAP.
To avoid immediate harm to both legal certainty and the credibility of the carbon market in Pará, the rapporteur decided to suspend the effects of Joint Recommendation No. 7/2025 until a conciliation hearing is held with the participation of all parties involved.
The contract remains valid and the effects of the recommendation are suspended.
"This decision is important because it also opens a door for us to strengthen dialogue with the Public Ministry about the legality of the agreement that was signed and also about how this process has been conducted in a broadly participatory manner by the Government since 2022, a process that will soon advance to the beginning of Free, Prior, and Informed Consultations with traditional peoples and communities regarding the implementation of the REDD+ Jurisdictional System," highlights the Secretary of Environment and Sustainability of Pará, Raul Protázio Romão.
Pre-agreement
In September 2024, the Government of Pará signed a pre-agreement with the LEAF Coalition, a global alliance of countries and companies committed to the preservation of tropical forests. The pre-agreement, celebrated with several large corporations such as Amazon, Bayer, BCG, Capgemini, H&M Group, Walmart Foundation, and the governments of Norway, the United Kingdom, the United States, and the Republic of Korea, could mobilize around R$ 1 billion for Pará, and the funds raised will be mostly invested in the territories that help keep the forest alive.
The State Government has been building, since 2022, the REDD+ Jurisdictional System of Pará, and the Secretary of Environment and Sustainability of Pará (Semas) provides a page with information and documents about this process.
At the end of this month, Free, Prior, and Informed Consultations will begin with indigenous, quilombola, and extractive communities regarding the system.
