Experts ask for a full veto of the Devastation Bill passed by Congress
A technical analysis by the Climate Observatory submitted to the federal government warns of environmental setbacks, social risks, and climate omission amidst the global crisis and COP 30
Protesto na Av. Paulista contra projeto que enfraquece licenciamento ambiental. Foto: Cris Faga/NurPhoto via AFP
The bill that, if enacted, will dismantle the environmental licensing system in Brazil, passed by Congress, should be fully vetoed to avoid “regulatory chaos” and setbacks in terms of socioenvironmental rights. This recommendation comes from the Climate Observatory (OC, acronym in Portuguese), which submitted a 95-page technical analysis to the federal government pointing out severe faults in 42 out of the 66 articles of the text.
According to the document, the bill weakens the assessment of environmental impacts, excludes social participation, disregards the rights of traditional communities, and threatens protected areas, archeological sites, and cultural heritage sites. According to the OC, the enacting of this proposal would compromise not only environmental protection, but also public health, climate justice, and legal security in our country.
One of the main focuses of criticism is the expansion of the Adhesion and Commitment License (LAC, acronym in Portuguese), which may be applied even to large-scale developments, dismissing the need for prior studies and based solely on the self-declaration of the entity in charge. The creation of the Special Environmental License (LAE, acronym in Portuguese), which authorizes developments based on the vague criterion of “strategic interest” is also concerning. According to experts, the latter license institutionalizes political pressure on technical decisions.
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“The climate impact analysis should be front and center in environmental legislation, particularly in the midst of the climate crisis and in the year of COP 30, which is to be held in Brazil. But the term ‘climate’ does not even appear in the approved text”, states Suely Araújo, coordinator of Public Policies of the Climate Observatory. According to Suely, the only responsible path forward is a full veto: “The bill generates legal insecurity, dismantles environmental licensing and represents a severe setback.”
The analysis was delivered to the office of the President of the Republic and to 16 ministries, including the office of the Chief of Staff and the ministries of the Environment, Justice, Health, Finance, and Culture. The absence of climate directives in the bill is considered particularly egregious by organizations that monitor Brazilian environmental policies in international forums.
Thales Machado, Socioenvironmental Rights Defense advisor at Conectas Direitos Humanos, reinforces the warning. “This bill directly opposes human rights when it weakens the main environmental protection instrument in the country. By institutionalizing self-licensing and expanding exemptions, it exposes communities that are already vulnerable – such as indigenous peoples, quilombo inhabitants, and Black populations – to disproportionate pollution and toxic contamination risks”, he states. According to Thales, the proposal is an example of environmental racism and directly contradicts the climate leadership role that Brazil claims it wishes to exert in the global stage.
Given the severity of the indicated impacts, civil society is increasing pressure on the federal government for a full veto to the bill, which may redefine the role of socioenvironmental policies in the country. The decision now lies with President Luiz Inácio Lula da Silva.
