The Decree n. 10.178/2019, also known as “Licensing 4.0”, came into force on September 1st 2020. Following the decree, many Federal Public Administration bodies issued regulations on risk classification and maximum time for the liberation of supervised business activities, as provided by the Law of Economic Freedom (Law n. 13.874/2019).
Decree n. 10.178/2019 instituted the facilitation of the liberation of business activities (Licensing 4.0) as provided by the Law of Economic Freedom (Law n. 13.874/2019, article 3) and set the entry into force to September 1st 2020. In September, several Federal Public Administration bodies issued acts to regulate about each business activity under their supervision.
Essentially, the acts arranged their bodies’ supervision activities according to the standard risk classification and disposed of maximum time for liberation, i.e. a deadline for the conclusion of each specific liberation. The standard risk classification established three levels: level 1 for low risk and irrelevant or nonexistent; level 2 for moderate risk; and level 3 for high risk.
According to the decree, business activities classified as level 1 are exempt from a public act of liberation, in the sense that operational licenses, registration or permits are not required. Business activities classified as level 2 require a simplified administrative treatment that provides immediate liberation after full documentation presentation. Level 3 business activities face documental analysis according to the established maximum time for liberation.
A list of ordinances by federal public administration supervision body is presented as follows:
- Ministry of Infrastructure: Ordinance n. 127/2020;
- Ministry of Science, Technology and Innovation: Ordinance n. 3.205/2020;
- Brazilian Health Regulatory Agency (ANVISA): RDC Resolution n. 416/2020;
- National Institute of Metrology, Standardization and Industrial Quality (Inmetro): Ordinance n. 282/2020;
- The Secretariat of Foreign Trade at the Ministry of Economy (SECEX/ME): Ordinance n. 49/2020;
- Central Bank of Brazil (BCB): Ordinance n. 108.302/2020;
- Securities and Exchange Commission of Brazil (CVM): Ordinance n. 104/2020;
- National Land Transport Agency (ANTT): Resolution n. 5.908/2020;
- National Department of Transport Infrastructure (DNIT): Ordinance n. 3.874/2020;
- National Agency for Waterway Transportation (ANTAQ): Resolution n. 7.992/2020;
- The Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP): Resolution n. 826/2020;
- National Defense Council (CDN): Resolution n. 9/2020;
- Chico Mendes Institute for Biodiversity Conservation (ICMBio): Ordinance n. 896/2020;
Furthermore, the Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP) launched a public consultation on the improvement of ANP’s Licensing 4.0 resolution, until October 19. More information here (in Portuguese).
