GENEVA - UN experts* today welcomed the decision by President Luiz Inácio Lula da Silva to veto 63 articles of Brazil's recently adopted environmental licensing law, calling it a decisive step in preventing the dismantling of the environmental licensing process, and safeguarding human rights, the environment, and the climate system.
"These vetoes demonstrate Brazil's commitment to upholding its international human rights and environmental obligations," the experts said.
They had previously expressed grave concerns that the bill would have led to a significant regression in environmental, climate and human rights protections, including the duty to prevent environmental and climate harms, adopt effective measures to respond to the triple planetary crises of climate change, biodiversity loss and toxic pollution, and protect against business-related human rights abuses. In a public statement in July 2025, they warned that the proposed law would "open the door to serious risks of irreparable harm to communities and ecosystems."
By vetoing the majority of its most problematic provisions, the Government has effectively addressed the core concerns raised by the experts. Among the vetoed provisions were exemptions for mining activities from licensing requirements; provisions allowing for self- licensing by project proponents that might have medium risks; weakening the free, prior and informed consent processes to Indigenous Peoples and Quilombolas Afrodescendent communities living on unmarked lands; diminishing protection to the Mata Atlántica; and the decentralisation of competent authorities that risked undermining oversight and accountability.
The experts noted that the law retains a reference to a simplified licensing process for so-called "strategic projects", and that a precautionary measure to evaluate these projects is in place.
"All projects - strategic or otherwise - that could have a significant impact on the environment, climate or human rights must be subject to an adequate and comprehensive environmental impact assessment based on the best available science, including Indigenous science and other knowledge systems," the experts said.
"We welcome the Brazilian Government's decision, as it shows that listening to the voices of those affected, including human rights holders and scientific communities, can lead to adequate decisions, and prevent long-term harm to everyone's right to a healthy environment, including the human rights of Indigenous Peoples and Quilombolas, and the health of the planet," they said. "This is a necessary step towards protecting the environment and the climate, promoting the economy and national interests, and the rights of present and future generations."
The experts urged the National Congress to uphold the presidential vetoes, and warned that reversing them would violate the Constitution, human rights, environmental protection, and Brazil's international law obligations under multiple treaties and customary international law.
"Brazil should continue to strengthen mechanisms for meaningful consultation and participation, particularly with Indigenous Peoples, Quilombolas and local communities, to ensure that future legislation effectively fulfils environmental, climate and human rights obligations as clarified by the Advisory Opinions of the Inter-American Court of Human Rights and the International Court of Justice," they said, adding that this would align with Brazil's leadership in hosting the next COP30 in Belém.
