THE NEW LEGAL FRAMEWORK FOR RAILROAD AUTHORIZATIONS REQUIRES ADJUSTMENTS TO STRENGTHEN THE SOCIO-ENVIRONMENTAL, GOVERNANCE, AND TRANSPARENCY ASPECTS OF PROJECTS

The briefing argues that Brazil's new railroad authorization system, designed to streamline private sector infrastructure grants, lacks the necessary procedural clarity and transparency to ensure adequate socio-environmental oversight. It identifies critical gaps in the requirements for technical studies, the autonomy of the analyzing authority, and the public disclosure of project data, proposing specific amendments to PL no. 261/2018 to mitigate these risks.

• The current legal framework for railroad authorizations under MP no. 1,065/2021 and PL no. 261/2018 contains significant uncertainties regarding project studies, as they only require reports on "relevant environmental aspects" without specifying the type of studies needed or the criteria for their evaluation.
• There is a governance concern regarding the authority responsible for analyzing authorizations; under the MP, the Ministry of Infrastructure is tasked with this role, whereas the PL assigns it to the National Land Transportation Agency (ANTT), which is viewed as having more technical autonomy.
• The framework lacks transparency obligations for publishing essential project documentation, including full requirements, contracts, and annexes to public calls, which limits the ability of civil society to monitor socio-environmental impacts.
• The absence of mandatory publication for georeferenced railroad trajectories prevents academic and civil society organizations from assessing how projects interact with protected areas and indigenous lands.
• The document identifies a lack of transparency regarding project financing, particularly for those using green bonds or incentivized debentures, and suggests that criteria for issuing thematic titles should be made public.
• The legal framework fails to explicitly mandate the publication of reasoned approvals for authorizations, which is described as crucial for public oversight of the terms under which grants are issued.

APA

COZENDEY, G., & CHIAVARI, J. (2021). THE NEW LEGAL FRAMEWORK FOR RAILROAD AUTHORIZATIONS REQUIRES ADJUSTMENTS TO STRENGTHEN THE SOCIO-ENVIRONMENTAL, GOVERNANCE, AND TRANSPARENCY ASPECTS OF PROJECTS. Climate Policy Initiative. https://www.climatepolicyinitiative.org/wp-content/uploads/2021/09/NT-MP-PL-EN.pdf

Chicago

COZENDEY, GABRIEL, and JOANA CHIAVARI. THE NEW LEGAL FRAMEWORK FOR RAILROAD AUTHORIZATIONS REQUIRES ADJUSTMENTS TO STRENGTHEN THE SOCIO-ENVIRONMENTAL, GOVERNANCE, AND TRANSPARENCY ASPECTS OF PROJECTS. Climate Policy Initiative, 2021. https://www.climatepolicyinitiative.org/wp-content/uploads/2021/09/NT-MP-PL-EN.pdf.

Wikipedia

{{cite report |last1=COZENDEY |first1=GABRIEL |last2=CHIAVARI |first2=JOANA |title=THE NEW LEGAL FRAMEWORK FOR RAILROAD AUTHORIZATIONS REQUIRES ADJUSTMENTS TO STRENGTHEN THE SOCIO-ENVIRONMENTAL, GOVERNANCE, AND TRANSPARENCY ASPECTS OF PROJECTS |publisher=Climate Policy Initiative |date=September 2021 |url=https://www.climatepolicyinitiative.org/wp-content/uploads/2021/09/NT-MP-PL-EN.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{cozendey2021new, author = {COZENDEY, GABRIEL and CHIAVARI, JOANA}, title = {{THE NEW LEGAL FRAMEWORK FOR RAILROAD AUTHORIZATIONS REQUIRES ADJUSTMENTS TO STRENGTHEN THE SOCIO-ENVIRONMENTAL, GOVERNANCE, AND TRANSPARENCY ASPECTS OF PROJECTS}}, institution = {Climate Policy Initiative}, year = {2021}, month = sep, url = {https://www.climatepolicyinitiative.org/wp-content/uploads/2021/09/NT-MP-PL-EN.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }