MAPA Changes Rules for Administrative Proceedings and Procedures for Entering into Conduct Adjustment Agreements (TAC)

In September 2025, the Ministry of Agriculture and Livestock (“MAPA”) published Ordinance No. 1,364/2025 to regulate the execution of Conduct Adjustment Agreements (“TACs”) within the scope of agricultural inspection, as well as to establish specific procedures for administrative proceedings. The regulation had been anticipated since the enactment of Law No. 14,515/2022 (the Self-Control Law) and Decree No. 12,502/2025, which established the legal framework for modernizing inspection practices.

More than a mere formalization of procedures, the Ordinance represents a milestone in the relationship between the private sector and the Public Administration by introducing a consensual dispute-resolution mechanism that may provide greater legal certainty and predictability and reduce liabilities for companies in the sector.

Agricultural inspection has become increasingly rigorous and complex. Now, with clear rules governing TACs, a new avenue for administrative negotiation is available, allowing companies to demonstrate good faith and cooperation, present corrective measures, and continue operating while adjusting their processes. The main highlights of Ordinance No. 1,364/2025 are:

Administrative Proceedings

1. Deadlines are now calculated in calendar days, avoiding interpretative disputes. The regulation also establishes additional rules regarding the calculation of deadlines. For example, when a defense or appeal is sent by mail, the posting date is considered for purposes of determining compliance with the deadline.
2. Filing methods may now be electronic, preferably, as well as in person or by mail.
3. Specific rules and circumstances are established for defenses or appeals to be deemed inadmissible.
4. The regulation establishes requirements for Notices of Violation.
5. Notifications may be made electronically, by registered mail with acknowledgment of receipt, or, exceptionally, by public notice, streamlining communication and reducing the risk of missed deadlines.
6. There are three decision-making levels: the head of the technical service or SIPOA; the director of the SDA/MAPA department; and the Special Agricultural Defense Appeals Committee (“CERDA”). This structure provides greater transparency in decision-making while improving the levels available for appropriate debate and the necessary reviews.

TAC Requests and Effects

1. A TAC may be requested after a final decision imposing the suspension or revocation of a registration, record, or accreditation. The request must be submitted within 20 days after notification of the decision.
2. Acceptance of the TAC request suspends enforcement of the penalty until a decision is made regarding the execution of the agreement.
3. The regulation allows the conversion of the penalty into a substitute fine, the amount of which will be calculated based on the seriousness of the violation and the classification of the infringing party. Installment payments may be authorized, as well as a reduction of the amount by up to one-sixth.

Limitations and Conditions

1. A new TAC cannot be entered into if another TAC is already in force or if a previous TAC was terminated less than two years ago.
2. TACs are also prohibited for infringers who have been subject to judicial enforcement proceedings within the previous five years.
3. The maximum term of a TAC is three years, during which the company must demonstrate full compliance with the obligations undertaken.

Some points deserve particular attention: (i) the TAC should be viewed as a management tool that may prevent operational shutdowns and preserve business continuity in the face of severe sanctions, but requires extreme caution when negotiating its terms, as well as anticipating situations that companies may face during its term; (ii) companies with robust self-control and traceability programs are better prepared to negotiate TACs because they can demonstrate the existence of quality and safety practices in their routines; and (iii) by enabling administrative solutions, TACs may reduce litigation, lower costs, and prevent negative exposure for the company.

Entering into an effective TAC requires planning, strategy, and detailed technical analysis. Each company should assess not only the legal feasibility of the agreement, but also its economic and operational impacts before formalizing a commitment with the Public Administration.

The full regulation is available on the official publication of the Federal Government.

This material is for informational purposes only and should not be used independently as a basis for decision-making. Specific legal advice may be provided by one of our attorneys. All copyrights are reserved by KESTENER VIEIRA TORRONTEGUY SPEGIORIN ADVOGADOS.