Understand the Reciprocity Law, which Brazil can adopt against the USA

The law, sanctioned on April 11, 2025, was also motivated by decisions by the President of the United States, Donald Trump. At that time, Trump escalated a trade war against several countries, including Brazil, and announced import surcharges.

Law No. 15,122 establishes criteria for suspending commercial concessions in response to unilateral actions, policies or practices of another country that negatively impact Brazil's economic competitiveness. In other words, if a country with which Brazil has a commercial relationship adopts a measure that harms it in this relationship, the government can adopt a series of countermeasures. These include imposing taxes or fees, ending exemptions or reducing the value of import tariffs, or restricting imports of goods or services.

These countermeasures must be, as far as possible, applied in the same proportion as the economic damage caused by another country or economic bloc to Brazil.

Sovereignty

The Reciprocity Law highlights that it is up to the suspension of commercial concessions, among other measures, to countries or blocks of countries that “interfere in Brazil's legitimate and sovereign choices”.

Thus, the law applies to a country that threatens to apply or applies commercial measures in an attempt to interfere with specific acts or practices in Brazil.

The legislation also opens space for dialogue and understanding so that retaliatory measures are not necessarily taken. In its Article 4, it determines that diplomacy takes action to reduce or eliminate the need for the planned countermeasures.

Environment

The Reciprocity Law also includes countries that take unilateral measures based on environmental requirements that are more onerous than the environmental protection standards adopted in the country. In this case, Brazil must consider, in addition to environmental standards adopted internally, such as the 2012 Forest Code, the goals established in the 2009 National Climate Policy and the commitments assumed in the 2015 Paris Agreement.

If a country applies unilateral trade measures alleging non-compliance with environmental standards not covered by these institutes, and which are more expensive for Brazil, countermeasures are expected to be applied.

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