Nuclear energy in Brazil: legal structure and fututre prospetcs

Executive Summary

This paper, produced by our firm’s ENR practice group, provides a comprehensive overview of nuclear energy in Brazil, focusing on its legal framework, institutional structure, operational details, and international cooperation. It highlights Brazil’s constitutional state monopoly over nuclear activities, the roles of key agencies, and the operational status of major power plants. The paper also discusses current legislative initiatives, environmental impacts, and Brazil’s participation in global nuclear agreements and forums. Recent trends, such as the expansion of nuclear generation capacity and the emergence of Small Modular Reactors (SMRs), are examined in the context of both national and international developments.

 

Nuclear energy and environmental impacts

Nuclear energy plays a strategic role in the global energy system. It is produced through nuclear fission, a process in which the nucleus of atoms—primarily uranium—is split into smaller fragments, releasing a significant amount of heat. This heat produces steam that powers turbines connected to generators, ultimately converting atomic energy into electricity.

Unlike fossil fuels, nuclear energy generation does not emit greenhouse gases, helping to reduce global warming. However, it is regarded as a non-renewable resource because uranium and other raw materials are limited.

A key environmental issue is the management of radioactive waste. Nuclear power plants generate waste with radioactive elements that cannot be reused, including toxic substances like uranium. Proper disposal involves sealing this material in containers and storing it in underground tunnels at depths of 400 meters or more, ensuring long-term safety.

 

Legal basis of nuclear energy activities in Brazil

The Federal Constitution of 1988 establishes a federal government monopoly over nuclear energy. Article 21, item XXIII, assigns responsibility to the Federal Government for operating all nuclear services and facilities, as well as exclusive control over research, mining, enrichment, and reprocessing of nuclear minerals. All nuclear activities must serve peaceful purposes and require approval by Congress.

Article 22, item XXVI, grants the Federal Government exclusive authority to legislate on nuclear matters, while Article 177, item V, reinforces the monopoly, generally excluding private companies from essential nuclear activities. Exceptions apply to the use of radioisotopes in agriculture, industry, and medicine, under a permit regime.

Additionally, Article 225, paragraph 6, states that the location of nuclear power stations must be determined by federal law; otherwise, construction cannot proceed.

Currently, thirty-three bills related to nuclear energy are under discussion in Congress. Notably, Bill No. 4,836 of 2024 proposes criteria for selecting sites for new nuclear power plants, emphasizing environmental risk reduction and safety.

 

Nuclear Energy governmental bodies

Several federal bodies oversee nuclear policy in Brazil, most notably the Ministries of Science, Technology, and Innovation (MCTI) and of Mines and Energy (MME).

MCTI formulates science and technology policies, including nuclear policy. Its affiliated organizations include the National Nuclear Energy Commission (CNEN), which regulates and oversees nuclear activities, and the National Nuclear Safety Authority (ANSN), established by Law No. 14,222/2021.

MME oversees energy policy implementation, including nuclear energy. The Brazilian Nuclear Energy and Binational Participation Company (ENBPar), affiliated with the MME, manages Eletronuclear— a mixed-capital company operating the Angra 1 and 2 power plants, which are currently Brazil’s only nuclear power sources.

 

Eletronuclear and Angra power plants

Founded in 1997, Eletronuclear operates and constructs thermonuclear power plants in Brazil, producing about 3% of the country’s electricity through Angra 1 and Angra 2.

Angra 1, Brazil’s first nuclear power plant, began commercial operation in 1985. It features a pressurized water reactor (PWR) with a capacity of 640 MW, providing power to about two million people. In 2023, Angra 1 recorded a record monthly generation of 485,033.504 MWh.

Angra 2, which started operating in 2001, uses a German-designed PWR reactor with a capacity of 1,350 MW. The plant played a key role in reducing energy rationing impacts and conserving hydroelectric reservoirs. In 2009, it ranked as the 33rd largest nuclear power plant worldwide.

Construction of Angra 3 started in 1981, aiming for a capacity of 1,405 MW—enough to power 4.5 million people and supply 60% of Rio de Janeiro’s energy needs. However, the project has experienced repeated delays and budget problems. As of 2022, construction remains halted.

 

Nuclear Industries of Brazil and uranium enrichment

Nuclear Industries of Brazil (INB) is a state-owned company responsible for executing the Federal Government’s monopoly on nuclear activities, as outlined in Articles 21 and 177 of the Federal Constitution. Law No. 14,514/2022 defines its responsibilities, including research, mining, technological development, commercialization, and enrichment of nuclear minerals. INB also builds and operates facilities for processing and industrializing these materials.

INB operates the Nuclear Fuel Plant (FCN) in Resende, Rio de Janeiro, where various stages of the nuclear cycle—including enrichment—are performed. Historically, Brazil depended on Europe for uranium enrichment, but since 2021, the opening of the 9th Ultracentrifuge Cascade has increased domestic capacity and lowered external reliance.

 

International cooperation and agreements

Brazil is a signatory to major international nuclear agreements, including the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), enacted domestically in 1998 to promote disarmament and peaceful nuclear use, and the Treaty on the Prohibition of Nuclear Weapons (TPNW), signed in 2017 but not yet ratified by Congress. In 2024, Brazil and France signed a collaboration agreement to promote nuclear energy cooperation, focusing on the energy transition and the supply of essential minerals for peaceful purposes.

 

Global scenario and SMRs

At COP 28 in Dubai (2023), more than 20 countries—including Brazil—pledged to triple nuclear power capacity by 2050. CERAWeek 2025 in Houston reinforced this trend, with 31 countries and major corporations committing over $1 billion to support nuclear expansion.

Business interest in nuclear energy is driven by its efficiency, sustainability, and the increasing energy demand resulting from advances in artificial intelligence.

The International Energy Agency’s 2025 report forecasts record-breaking nuclear power generation, fueled by new reactors in China and the restart of units in Japan and Korea. More than 40 countries plan to grow their nuclear sectors, with Small Modular Reactors (SMRs) emerging as a major innovation.

The U.S.-Brazil Energy Forum (USBEF), founded in 2019, promotes collaboration between the United States and Brazil in the energy sector, with an emphasis on SMRs.

SMRs are compact nuclear reactors with capacities of 20-30 MWe, designed for flexible deployment in diverse environments, including remote regions. They can be installed incrementally to meet varying energy demands, from large grids to isolated communities.

SMRs offer lower costs and faster production times through mass manufacturing and pre-assembled units. Their advanced safety features—including passive cooling systems and automatic emergency shutdown—significantly lower operational risks.

Closing remarks

Following the growing interest in nuclear power generation in Brazil, our ENR practice group is ready to assist both domestic and international suppliers with goods and services related to nuclear activities in the country.