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The weakening of environmental licensing proposed by the bill could lead to increased deforestation in the Amazon and undermine Brazil's climate commitments.

August 6, 2025

Bill 2159 and the Risk of Environmental Setbacks

Notícia

Bill No. 3,729/2004, currently being processed in the Senate as Bill No. 2,159/2021, seeks to establish a "General Environmental Licensing Law." Although the proposal presents itself as a step forward, a thorough analysis, based on technical studies, reveals that it represents a serious setback that threatens ecological balance, community safety, and Brazil's climate commitments.


Environmental licensing, with over forty years of application, is the most established instrument of the National Environmental Policy. It applies to all activities that may cause environmental degradation, without exception. With broad constitutional protection, it is a fundamental mechanism for ensuring that the economic order is guided by sustainability. However, Bill 2159 subverts this logic by making environmental licensing the exception, not the rule.


The proposed law presents significant setbacks. The extensive list of exemptions for potentially impactful activities, such as agroforestry, is one of the most critical points. Furthermore, most projects would be subject to a "License by Adhesion and Commitment" (LAC). This modality is self-declaratory and automatic, with the license issued electronically without any prior evaluation by the environmental agency. The bill also prohibits environmental agencies from requiring entrepreneurs to meet conditions to curb deforestation resulting from their activities.


The easing of environmental licensing procedures is directly linked to socio-environmental disasters. The tragedies in Mariana and Brumadinho serve as reminders of the consequences of a weakened system. If Bill 2159 is approved, 85.6% of mining licensing processes in Minas Gerais would be governed by the self-declaratory method, significantly increasing the risk of new disasters. The proposal replaces environmental impact assessment with risk and size criteria, contradicting the requirements of the Federal Constitution.


For the Amazon, the impacts are equally severe. Bill No. 2159 completely ignores the issue of climate change. An analysis of priority projects such as BR-319 and Ferrogrão, in a scenario lacking proper environmental governance that the bill removes, paints a picture of an alarming future. Studies indicate that 95% of accumulated deforestation in the Amazon is concentrated within 5.5 km of roads. Paving BR-319, for example, could generate annual deforestation of 9,400 km² in the Amazon by 2050. This scenario of degradation would make it impossible to meet Brazil's Paris Agreement targets, with accumulated CO2 emissions potentially quadrupling. Similarly, Ferrogrão, without proper conditions, would lead to projected deforestation of 53,113.5 km² of native forest by 2030 in its logistics basin.


Given the above, the approval of Bill No. 2159 represents an unprecedented setback, compromising the protection of an ecologically balanced environment and the rights of all. This bill, by weakening the main instrument of environmental protection, puts the forest, water resources, community safety, and Brazil's climate future at risk.

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