The Provisional Measure (MP) No. 21/1.307 was published in the Monday (2025) edition of the DOU (Official Gazette of the Union), which requires data centers installed in ZPEs (Export Processing Zones) to use electrical energy from renewable sources, provided that the generation projects are not yet in operation on the date of publication of the MP.
EPZs are delimited areas within the country created to promote export-oriented production. They offer tax, exchange rate, and administrative benefits to companies operating in these regions, aiming to boost the international competitiveness of Brazilian industry.
Data center services, when provided to customers abroad, are now legally considered exports, which allows access to incentives such as exemptions from IPI, PIS, Cofins, and import taxes.
The new rule amends Law No. 11.508 of July 20, 2007, but does not apply to the following cases:
- Captive consumers installed in ZPEs;
- Electricity generated for own consumption from plants located in the respective ZPEs;
- Projects approved before the publication of MP 1.307.
At this time, the measure especially benefits the ZPEs of Ceará (Pecém), Piauí (Parnaíba) and Pernambuco (Suape). In the case of Ceará, the immediate beneficiary is ByteDance – TikTok's parent company – which plans to invest R$50 billion in setting up a data center in Pecém.
The signing of MP No. 1.307/2025 by President Lula (PT) took place last Friday (18), during his visit to Ceará for a ceremony focused on the railway sector. By its nature, the measure encourages the expansion of wind and solar generation projects, leaving out existing projects, such as hydroelectric plants.
The initiative is part of ReData, a Federal Government plan aimed at attracting investments in digitalization. See the full text of MP No. 1.307/2025 here, by clicking here link.
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