Senate approves dismantling of environmental licensing in Brazil
A bill sponsored by the President of the House is the biggest attack on environmental legislation in the last four decades
General view of the plenary of the Federal Senate during the vote on the Constitutional Amendment Bill (PEC) in Brasilia, taken on December 7, 2022. Brazil's Senate handed a small victory to Luiz Inácio Lula da Silva on December 7 when it approved a constitutional amendment that will allow him to keep his promise to maintain millions in social benefits during the first two years of his government. (Photo by EVARISTO SA / AFP)
On Wednesday night (21/05) the Federal Senate passed Bill 2.159/2021 with 53 votes in favor and 13 against, dismantling the country´s environmental licensing regulations. This marks the biggest attack on environmental licensing since the 1988 Federal Constitution four decades ago. Approval of the bill comes less than six months before the UN climate conference, COP30, to be held in the capital city of the state of Pará.
The bill, sponsored by the Senate President, Davi Alcolumbre, expands on setbacks that were approved by the Chamber of Deputies in 2021, particularly the Special Environmental License (LAE), introduced in a last minute amendment by Alcolumbre himself.
Read statements made by Observatório do Clima experts:
Read more
“On Wednesday, the Senate, led by Davi Alcolumbre, sealed the implosion of environmental licensing in Brazil. The bill will go back to the Chamber of Deputies, but once it returns to the House from which it originated very little can be done to fix its numerous flaws and unconstitutional aspects. For the majority of cases, licensing will be at the push of a button, with no environmental studies or environmental impact assessments.
The outcome was influenced by the old-fashioned, denialist views of the agribusiness caucus, the short-sightedness of the industrial sector, which wants environmental issues to remain purely rhetorical, and the Federal Government´s responses in the Legislative Branch to be sluggish and weak. We will long remember the day when the principal tool to safeguard against harm under the National Environmental Policy was utterly weakened.” Suely Araújo, coordinator of public policy at the Observatório do Clima.
“Among the many flaws in the bill passed by the Senate is the jabuti (unrelated amendment) that changes the Atlantic Rainforest Law and paves the way for deforestation. This directly affects the 12% of original cover of the Atlantic Rainforest, which provides essential environmental services, such as water and climate security, biodiversity and the well-being of the population. This is an unprecedented distortion that puts Brazil at odds with the Paris Agreement and increases the risk of climate disasters.” Malu Ribeiro, Director of Public Policy at SOS Mata Atlântica.
“Today was a day of defeat for the people of Brazil. This is an environmental setback, exacerbated by the creation of a new mechanism, the Special Environmental License which in practice means that, in cases that are deemed by the government to be strategic, the licensing process is a single-step political procedure, defined by a Government Council. It disrespects traditional people and communities, the environment and the entire Brazilian population who will be increasingly subject to environmental crimes and degradation.” Alice Dandara de Assis Correia, a lawyer at Instituto Socioambiental (ISA).
“The outcome of the vote on Bill 2.159 is scorched earth. All the technical and scientific parameters that underpin the current environmental regulations have been dismantled. Brazil is reverting to the same development model that produced cases like Cubatão, with severe harm to public health, the environment and even economic development. All the proposals highlighted by civil society were grounded in the Federal Constitution, international accords signed by Brazil and in science. This vote signals further dismantling of participatory democratic processes in plain sight, including by those elected to protect them.” Marcos Woortmann, Assistant Director of the Instituto Democracia e Sustentabilidade (IDS).
“The Special Environmental License (LAE) is the perfect loophole for approving controversial projects. It will work as an alternative route that bypasses Ibama and its technical staff. Analysts with a constitutional duty to assess risks will be excluded while the LAE imposes the will of whoever is holding the pen. This is not a question of efficiency, it is a dangerous shortcut, the result of which will be construction work that has not come under the scrutiny of those who understand the real impacts, and the country will pay the price in the form of conflicts, environmental degradation, and predictable disasters.” Mariana Mota, Policy Manager at Greenpeace Brazil.
“Today´s vote on the Environmental Licensing Bill is indicative of the Federal Senate´s irresponsibility, climate denialism, lack of understanding of the matter, and economic interests. The setback that has been approved is a threat to lives, biomes and safe development in the country. The ventures that will benefit from this measure are the same ones that cause contamination, tragedies, degrading working conditions, exhausting working hours and reduced rights. Linked to these threats is a deterioration in the health of the Brazilian population as the environment is increasingly devastated” Letícia Camargo, Socio-environmental Advocacy Consultant at Painel Mar.
“With the approval of Bill 2159/21, the Federal Senate is dismantling environmental licensing and directly attacking human rights, by increasing exemptions and authorizing self-licensing without technical studies or effective conditions. The total absence of the word ´climate´ in the text, in the very year that COP 30 is being held in Brazil, exposes our country to unacceptable setbacks, leaving communities vulnerable to soil, water and air contamination, an increased risk of disasters, and forced displacement.” Thales Machado, Assistant of the Defending Socio-environmental Rights program at Conectas Human Rights.
“It is unacceptable that, in the midst of a climate emergency, the Senate has chosen to further undermine environmental controls, violating international accords and isolating Brazil from global best practices. In doing so, it is ignoring the vital role of the forests, rivers and biodiversity in regulating the climate and protecting lives. Bill 2.159 signals to the world that Brazil is willing to sacrifice its greatest collective heritage in exchange for short-term political interests. It is a decision that distances us from environmental leadership and throws the country onto a dangerous path of silent destruction, inequality and impunity.” Ana Carolina Crisostomo, Conservation and Public Policy Expert at WWF-Brazil.
“A false discourse of energy security is being consolidated today with the Senate´s regrettable approval of the Devastation Bill, particularly Article 10. This opens the door to accelerating the expansion of fossil gas in Brazil through simplified licensing for gas-fired power plants. Time is running out for presidential vetoes.” Renata Prata, Advocacy and Projects Coordinator at Instituto Arayara.
“World Animal Protection regrets the approval of the Devastation Bill (Bill 2159/21) by the Federal Senate. As it stands, the text will have a catastrophic effect on our wildlife. Unfortunately, the Senate continues to prioritize a development model that threatens our biodiversity.” Natalia de Figueiredo, Public Policy Manager at World Animal Protection Brazil.
“The President of the Senate, Davi Alcolumbre, most of the plenary and the Agriculture and Environment Committees completely ignored public protests, and chose the interests of large corporations. They disregarded the voices of thousands of people who care about the environment, life, and the health of the population. By approving the Devastation Bill, they ignored approximately 70 thousand people who sent emails, tags on Instagram and the dialogues of dozens of organizations that visited the Senate with technical arguments in defense of the environment.” Lucas Louback, Campaign and Advocacy Manager at NOSSAS.
