Brazilian lawmakers have passed a bill that significantly weakens the country’s environmental protections, in what activists are calling the most devastating blow to Brazil’s environmental legislation in over four decades.
Dubbed the “devastation bill”, the legislation was approved in the lower house of Congress during the early hours of Thursday, passing by 267 votes to 116. The bill, which had already been approved by the Senate in May, now awaits President Luiz Inácio Lula da Silva’s decision. He has 15 working days to either sign it into law or issue a presidential veto.
However, even if Lula chooses to veto the bill, the prospect of a legislative override looms large, with the country’s conservative-dominated Congress expected to push the bill through regardless. Should that occur, a legal battle in the Supreme Federal Court appears inevitable, as many constitutional experts argue the law is fundamentally unlawful.
“Either way, its approval is a tragedy,” said Suely Araújo, public policy coordinator at the Climate Observatory and former president of Brazil’s environmental protection agency, Ibama. “There’s no precedent for how damaging this law is,” she added, calling it “the greatest setback to Brazil’s environmental legislation” since licensing regulations were first introduced in the 1980s.
A key point of contention is the bill’s expansion of fast-track licensing for industrial and agricultural activities. Under the new law, projects deemed to have “medium” polluting potential can now obtain an environmental licence through a self-declared online form—bypassing impact assessments and regulatory oversight. Previously, this simplified process was restricted to low-risk operations.
Change could affect up to 90% of environmental licensing processes in Brazil
According to Araújo, the change could affect up to 90% of environmental licensing processes in Brazil, including major industries such as mining and agribusiness. “We’re seeing the implosion of Brazil’s environmental licensing system. It’s full self-licensing now, where a company just clicks a button and the permit gets printed,” she said.
The legislation also significantly curtails the input of Indigenous and quilombola communities, Afro-Brazilian descendants of enslaved people, by stipulating that their involvement in licensing processes only applies to officially recognised territories. This excludes more than 30% of Indigenous lands and over 80% of quilombola territories, which have been awaiting formal recognition for years.
“Many of these lands are already under dispute or being targeted by exploitative companies,” warned Dinamam Tuxá, executive coordinator of the Articulation of Indigenous Peoples of Brazil (Apib). “This bill legalises the process of extermination of Indigenous peoples.”
Tuxá urged President Lula to veto the legislation but acknowledged the uphill battle, noting, “In a predominantly opposition-led Congress, the president’s decision is likely to be overturned. That’s why civil society must remain organised to pressure lawmakers not to overturn the veto.”
The bill’s passage has ignited fierce backlash from environmentalists, civil society groups, and over 350 organisations, who argue that the new framework undermines decades of hard-won progress in environmental governance.
Some activists have criticised the Lula administration for not doing enough to oppose the legislation, and for reportedly allowing it to advance without sufficient resistance. According to investigative outlet Sumaúma, key figures within Lula’s government, apart from Environment Minister Marina Silva, did little to block the bill’s momentum. Silva condemned the legislation as “the burial of environmental licensing”.
With Brazil set to host COP30 in the Amazon later this year, critics warn the timing of the bill could not be more damaging. “This law is a serious setback and will shape how Brazil is viewed by those who see it as a potential environmental leader,” said Araújo.
If the law comes into effect, it is expected to face a wave of legal challenges, with environmental advocates and constitutional lawyers preparing for a prolonged fight to have it overturned.
