The Work of the Special Commission on Agricultural Defense Appeals Begins in Brazil – A New Administrative Instance

From now on, Brazil has a new administrative body in the agribusiness regulation and control structure. In a meeting held on July 2, 2024, the Special Commission on Agricultural Defense Appeals (CERDA) finally began to hear appeals against decisions of the Ministry of Agriculture, Livestock, and Supply (MAPA) as the final administrative instance.

To provide context, the Commission was established by Law No. 14,515, dated December 29, 2022, within the scope of MAPA, with the aim of improving the processes initiated from the inspections carried out by the Ministry in the agribusiness sector.

Some critics argue that creating a new administrative stage involving the agricultural sector is a way to give large producers a chance to avoid fines. However, this argument does not hold up considering the actual formation of CERDA, which includes two main members and two alternates appointed by MAPA itself, as well as another two, one main and one alternate, appointed by the Ministry of Justice.

From civil society, the National Confederation of Agriculture (CNA) and the National Confederation of Industry (CNI) participate, each with one main member and one alternate.

This integration between the Executive Branch and entities representing agriculture and industry will be crucial in ensuring transparency and fairness in the judgment of hundreds of administrative appeals filed against MAPA decisions. These decisions involve sanctions, embargoes, interdictions, and other administrative measures applied by the Ministry in the fulfillment of its oversight duties, respecting due process and the right to a full defense.

Reevaluating MAPA's decisions will provide legal certainty to society, serving as a guideline for the inspectors themselves, correcting or confirming understandings in accordance with applicable standards. All of this is very healthy in a democratic environment, preserving the relationships between the Public Power and the productive sector.

Therefore, the creation of the Special Commission on Agricultural Defense Appeals represents a significant advancement in improving the administrative process in a sector of utmost importance to the national economy. With well-defined structures and clear competencies, the Commission will help promote justice, transparency, and efficiency in decisions related to agricultural defense, contributing to the sustainable development of the sector.

Importers of Brazilian products are waiting to assess the impact of this new instance on the cost of food.