Brazil's president signs environmental ‘devastation bill' but vetoes key articles

The Guardian

2 days ago

Brazil's president, Luiz Inácio Lula da Silva, has signed into law a controversial bill that scientists and environmentalists had dubbed the 'devastation bill', but vetoed key articles that would have in effect dismantled the country's environmental licensing system.
On Friday, the final day to either sanction or veto the law, Lula struck down or amended 63 of the 398 provisions in a bill that, as approved by congress last month, had been regarded as the most significant setback to Brazil's environmental protections in four decades.
Environmental campaigners had urged the president to veto the bill in its entirety, but many welcomed Lula's decision and are now calling on civil society to mobilise to pressure lawmakers into upholding the vetoes.
That will not be an easy task for the Lula administration, given that the largely opposition-controlled congress has repeatedly defeated key government proposals – including by overturning previous presidential vetoes.
An escalating political standoff further complicates the challenge: lawmakers aligned with former president Jair Bolsonaro are blocking legislative activity, demanding the passage of a bill granting amnesty to the far-right leader and hundreds of others accused of taking part in a failed coup attempt in 2022.
Lula's ministers – speaking at a press conference in the capital Brasília in the president's absence – expressed confidence in the government's position.
After Congress approved the bill last month, the environment minister, Marina Silva, described it as a 'death blow' to Brazil's licensing framework, saying that it threatened the country's pledge to eliminate deforestation by 2030.
But on Friday, she said the revised legislation meant that 'our targets to reach zero deforestation, and our goal to cut CO2 emissions by between 59% and 67%, remain fully on track'.
One of the most heavily criticised provisions of the bill would have allowed projects classified as having 'medium' environmental impact to obtain licences through a self-declared online form – without prior studies or regulatory review.
That clause was among those vetoed, as was another that would have excluded most of the Indigenous and Quilombola communities from having a say in licensing decisions affecting their territories.
Lula, however, preserved a provision allowing the federal government to fast-track 'strategic' or 'priority' projects – a move that could pave the way for oil exploration at the mouth of the Amazon River. The project has been championed by the president, but heavily criticised by environmentalists.
Groups such as the NGO SOS Mata Atlântica welcomed the vetoes, but said they would carry out a detailed review of both the discarded and remaining provisions 'to continue mobilising civil society and ensure that congress upholds the gains secured'.
ActionAid's climate justice specialist, Jessica Siviero, said that 'a full veto was essential, but the points that were struck down still represent progress'.
Mighty Earth's global director, João Gonçalves, also welcomed Lula's vetoes and said he hoped congress would uphold them, warning that 'if this destructive bill becomes law – just weeks ahead of Cop30 in Belém – it threatens to erode Brazil's credibility on the global stage.'
At Friday's press conference, Lula's ministers appeared careful not to criticise congress, stating that there were 'positive' elements in the bill, which had been backed by agribusiness and mining interests as a way to 'cut red tape' and 'speed up' licensing procedures.
'We hope to be able to streamline licensing processes without compromising their quality, which is essential for environmental protection at a time of climate crisis, biodiversity loss and desertification,' said Silva.
Should Congress overturn the president's vetoes, environmentalists and legal experts have warned the move could trigger a wave of lawsuits – both challenging the legislation itself and contesting projects approved through self-licensing – on the grounds that they violate Brazil's constitution.