UN Experts Urge Brazil to Veto Environmental Licensing Bill Over Rights Risks

The legislation, which passed Brazil's Chamber of Deputies on 17 July after Senate approval in May, now awaits the decision of President Luiz Inácio Lula da Silva.

United Nations human rights experts have issued a stern warning to the Brazilian government over the newly approved General Environmental Licensing Bill (PL No. 2159/2021), describing it as a serious threat to environmental and human rights protections. The legislation, which passed Brazil's Chamber of Deputies on 17 July after Senate approval in May, now awaits the decision of President Luiz Inácio Lula da Silva.

The experts expressed grave concern that the bill, if enacted, would undermine Brazil’s longstanding environmental licensing framework and weaken protections for life, health, a clean and healthy environment, and the rights of Indigenous and Afro-descendant communities.

“The bill introduces significant regressions to Brazil’s environmental licensing system and threatens the human rights to life, health, an adequate standard of living, and a clean, healthy, and sustainable environment,” the experts warned in a public statement.

Sweeping Deregulation Threatens Vulnerable Communities

The proposed legislation introduces major changes to Brazil’s environmental oversight mechanisms. These include simplified licensing processes via self-declarations from developers, automatic permit renewals, and sweeping exemptions for certain projects. Under the bill, high-impact activities — such as industrial agriculture, road construction, and energy infrastructure — could proceed without rigorous environmental review.

Critics say such exemptions would severely erode safeguards designed to prevent environmental degradation and social harm.

“These changes risk exacerbating the planetary crises of climate change, biodiversity loss, toxic pollution, and worsening inequalities,” the UN experts emphasized.

The rollback is expected to disproportionately harm Indigenous Peoples and Quilombola communities, who are already among the most affected by environmental degradation and land encroachments. These communities depend on intact ecosystems for their survival, cultural practices, and livelihoods — all of which could be placed at greater risk under the new law.

A Blow to Brazil’s International Credibility

The experts further warned that weakening Brazil's environmental governance contradicts the country’s obligations under international law — including the Paris Agreement — and undermines its credibility as host of the upcoming UN Climate Change Conference (COP30), scheduled to take place in 2025 in Belém.

“It is paradoxical that this law might be enacted shortly after historic Advisory Opinions of the Inter-American Court of Human Rights (IACtHR) and the International Court of Justice (ICJ), which clarified States’ obligations to adopt all necessary measures to respond to the climate emergency,” the statement noted.

The experts stressed that Brazil is legally obligated to conduct comprehensive environmental, social, and human rights impact assessments before authorizing any activity that may cause significant harm. This responsibility applies to both public and private actors and includes activities with potential transboundary impacts.

Non-Regression Principle Under Threat

Central to the experts’ criticism is the principle of non-regression, a key tenet of international human rights and environmental law. This principle prohibits States from weakening existing legal protections without compelling justification.

“As the ICJ and the IACtHR underscored, States have an enhanced due diligence obligation to protect the climate system and the environment on which all human rights depend, and must prevent irreversible harm to the climate and life-supporting systems,” the UN experts stated.

The experts added that weakening environmental regulations in pursuit of procedural efficiency cannot come at the cost of public participation, access to information, and the right to seek justice — all of which are already at risk due to the bill’s provisions.

A Call to Action: Presidential Veto Urged

In their concluding appeal, the UN experts called on President Lula da Silva to veto the sections of the bill that conflict with Brazil’s constitutional protections and international obligations. They emphasized that preserving environmental integrity is a prerequisite to safeguarding human rights and ensuring a livable planet for future generations.

“Protecting the environment is essential to safeguarding the rights and dignity of present and future generations,” the statement concluded.

As Brazil continues to position itself as a global environmental leader, the decision President Lula now faces is not only about national regulation but about maintaining international trust — and staying on the right side of history.