A recently approved law in Brazil is raising alarms due to its potential to inflict "substantial environmental damage and human rights violations," according to a UN expert. Astrid Puentes Riaño, a special rapporteur, criticized the legislation for rolling back years of progress in safeguarding the environment, particularly in the Amazon, as the nation prepares for the upcoming COP30 climate summit.
The Brazilian legislature has simplified the process for approving developmental projects this month, although the bill awaits formal endorsement from the president. This legislative move has been labeled the "devastation bill" by critics, who warn it may facilitate environmental violations and increased deforestation rates. Supporters argue that a streamlined national licensing system will help companies navigate the traditionally complex approval process, thereby attracting investments.
Under the new provisions, certain developers may be permitted to self-declare their environmental impact via an online platform for projects classified as smaller, a step that critics believe may overlook potential harm. Riaño expressed her concerns that such relaxed regulations might apply to some mining ventures and adversely affect the Amazon region. She specifically referenced the alarming prospect of automatically renewing project licenses without thorough environmental assessments, stating, "This could result in increased deforestation in the Amazon without adequate oversight."
The charge against Brazil for declining environmental standards amplifies concerns, particularly in light of new findings suggesting significant forest loss in 2024 exacerbated by drought-induced fires. Currently, environmental authorities have up to 12 months—extendable to 24—to decide on granting licenses for strategic projects, creating worries about automatic approvals if the timeline is not met.
Advocates of the legislation contend that it will provide businesses with essential certainty, especially for renewable energy initiatives like hydroelectric dams. However, Riaño emphasized that all assessments and evaluations must remain scientifically robust and thorough. Notably, the bill also diminishes obligations to consult with indigenous populations unless directly impacted, provoking critiques about the erosion of their involvement in decisions affecting their land and rights.
Supporters suggest the law could inject momentum into Brazil's economic development pipeline, including projects aimed at clean energy advancement. Nevertheless, opponents warn that cutting back on environmental safeguards could heighten the risk of ecological catastrophes and infringe on indigenous rights. UN specialists have expressed concerns that the law clashes with constitutional guarantees of an ecologically balanced environment, hinting at possible legal disputes down the line.
As it stands, both chambers of Brazil’s Congress have passed the bill, placing it in the hands of President Lula da Silva, who has until August 8 to either ratify or reject it. The Environment and Climate Change minister, Marina Silva, has vocally condemned the bill as a "death blow" to environmental protections, reflecting ongoing ideological divides within the administration on related issues, such as oil exploration in the Amazon.
Even if the president opts for a veto, there is a likelihood that the conservative Congress might counteract that decision. Detractors have called the legislation the most significant environmental rollback since the military dictatorship era in Brazil, a period notorious for widespread deforestation and the displacement of indigenous communities. Riaño pointed out that this bill could potentially eliminate protections for over 18 million hectares of land, which is comparable to the land area of Uruguay, warning that the implications are profound.
