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ENPTESIT
Sectors of focus

Agribusiness in Brazil

Brazilian agribusiness combines land, environmental rules, agricultural credit instruments and export logistics, each governed by its own legal framework. International companies entering the sector as investors, traders, input suppliers or buyers of agricultural assets need these elements assessed together before committing capital.

Legal questions we address

Key considerations

The restrictions of Law 5,709/1971 on the acquisition and lease of rural land by foreigners also apply to Brazilian companies under foreign control (AGU Opinion LA-01/2010). On 23 April 2026, the Federal Supreme Court unanimously upheld this regime in ADPF 342 and ACO 2463, including the requirement of federal authorisation. Because the rules also reach changes of control and corporate reorganisations, the shareholding structure should be settled before any land is acquired or leased.

Environmental obligations attach to the property itself (Superior Court of Justice, Precedent 623) and may be enforced against the current owner or possessor, even when the damage predates the acquisition. Findings on legal reserve, permanent preservation areas and CAR registration usually affect the price and the contractual guarantees.

Law 13,986/2020 updated the rules on the Cédula de Produto Rural. For traders and input suppliers, the drafting of the CPR and of its guarantees determines how supply and credit risks are secured.

How the work is organised

Agribusiness projects usually raise land, environmental, tax and contractual questions at the same time. Mapping them at the outset defines the order in which they need to be resolved and the professionals, such as surveyors, agronomists and accountants, who should work alongside the legal team.

Our method →

Main legal framework

Law 5,709/1971 and AGU Opinion LA-01/2010 · Forest Code (Law 12,651/2012) · Law 8,929/1994 and Law 13,986/2020 (CPR)

Information updated in November 2026. General information; it does not constitute legal advice.

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