The Ministry of the Environment and Climate Change (MMA), the Ministry of Racial Equality (MIR), and the Ministry of Agrarian Development and Family Farming (MDA) have published Interministerial Ordinance MMA/MIR/MDA No. 1,694/2026, establishing the National Plan for the Sustainable Development of Traditional Peoples and Communities (PDPCT).
The Plan regulates the implementation of the National Policy for the Sustainable Development of Traditional Peoples and Communities (PNPCT)—established by Decree No. 6,040/2007—and sets up an interministerial governance structure aimed at the planning, coordination, monitoring, and execution of government actions directed at these peoples and communities.
The PDPCT aims to promote the sustainable development of traditional peoples and communities by ensuring access to and protection of their territories, the sustainable use of natural resources, and the valuing of their ways of life and traditional knowledge, as well as by expanding access to public policies regarding infrastructure, social inclusion, sustainable production, human rights, communication, and information.
To enable its implementation, the Plan may be funded by resources from the General Union Budget, federal public funds, endowment funds, international results-based payment mechanisms, donations, and institutional partnerships.
The Ordinance further establishes that, within 150 days, an interministerial act must be published detailing the actions, targets, indicators, implementation schedule, and respective funding sources—a step that will be crucial for the effective operationalization of the PDPCT.
Although the PDPCT focuses immediately on strengthening the rights, autonomy, and social inclusion of traditional peoples and communities, its guidelines are likely to have significant implications for companies whose activities or supply chains intersect with traditional territories, biodiversity resources, or associated traditional knowledge. The following aspects stand out:
• Access to territories and natural resources (Axis 1): The Plan strengthens actions aimed at land tenure regularization, the legal protection of traditionally occupied territories, and the territorial management of these areas. Consequently, public agencies may pay greater attention to assessing impacts on traditional peoples and communities during environmental licensing procedures, environmental studies (EIA/RIMA), and the implementation of projects located within these territories or their areas of influence.
• Sustainable production, socio-biodiversity, and traditional knowledge (Axis 4): The PDPCT prioritizes policies that enhance the value of socio-biodiversity production chains and associated traditional knowledge. This axis is particularly relevant for companies conducting activities that involve access to genetic heritage or associated traditional knowledge—governed by Law No. 13.123/2015 (Biodiversity Law) and Decree No. 8.772/2016—as it may increase the need to monitor aspects related to traceability, benefit-sharing, and regulatory compliance.
• Free, prior, and informed consultation: The Plan reaffirms the government’s commitment to implementing the right to free, prior, and informed consultation, as set forth in International Labour Organization (ILO) Convention No. 169. Although the Ordinance does not create new obligations directly applicable to the private sector, it reinforces a guideline that may become increasingly significant in environmental licensing processes and the implementation of projects capable of affecting traditional peoples and communities.
• Inter-ministerial governance: The creation of a permanent governance structure involving the MMA, MIR, and MDA demonstrates a more integrated approach by the Federal Public Administration in formulating and monitoring policies aimed at traditional peoples and communities. In practice, this institutional coordination could influence the conduct of public policies, government programs, and administrative processes related to territorial protection, biodiversity, and sustainable development. In summary, although the PDPCT is predominantly programmatic in nature and relies on the issuance of supplementary acts for its full implementation, its establishment marks a milestone in consolidating public policies aimed at traditional peoples and communities. It signals a trend toward strengthening this governance framework in the country, with potential impacts on infrastructure projects and economic activities—particularly those involving areas and operations related to biodiversity and associated traditional knowledge.
This bulletin is for informational purposes only and does not constitute a legal opinion or legal advice.
Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Coordinator and Partner, Environmental Law Practice.
Bruna Aveiro Santos | bruna.aveiro@nascimentomourao.adv.br
Partner in the Environmental, Regulatory, and Biodiversity Law practice.
