The Bill 2,159/2021, popularly known as the “Devastation Law”, has generated a strong reaction from environmental organizations, social movements, and indigenous communities.
The law aims to ease the environmental licensing system in the country that hosts the largest tropical forest in the world.
Since its initial approval in the Chamber of Deputies in 2021, the project has been described as the biggest environmental setback in over 40 years, according to experts and the Federal Public Ministry.
Automatic licenses and corporate self-declarations
In its original version, the law proposed that companies obtain environmental licenses automatically, through a self-declaration, without the need for prior technical assessment. Only cases of high environmental risk were excluded.
Moreover, requirements for agricultural activities were eliminated, favoring sectors such as agribusiness and mining, which could encroach on disputed territories, including indigenous lands and quilombola territories not yet demarcated.
Controversy over the “Devastation Law” in Brazil[/caption>
The project was approved by the Senate on May 21 with 54 votes in favor and 13 against. Later by the Chamber of Deputies on July 17, with 267 votes in favor and 116 against, in a virtual vote held in the early hours. The support came from the ruralist lobby, linked to agribusiness.
Social reaction and constitutional defense
“The National Congress approved a law that facilitates deforestation and puts traditional communities at risk,” denounced indigenous congresswoman Célia Xakriabá.
The NGO WWF warned that the decision was made without dialogue with society, citing Article 225 of the Brazilian Constitution, which guarantees the right to a balanced environment.
Presidential vetoes: limits to the project’s progress
On August 8, President Luiz Inácio Lula da Silva enacted the law but vetoed 63 provisions from the original text, including 26 completely eliminated articles. According to Lula, the vetoes ensure environmental protection and legal certainty, and were defined after consultations with civil society.
The Minister of the Environment, Marina Silva, explained that the aim was to speed up processes without compromising technical quality, in a context of climate crisis, biodiversity loss, and desertification.
Main points vetoed by the Executive
Limitations on automatic licenses and protection of vulnerable biomes.
- Restriction of the License by Adherence and Commitment (LAC) to projects with low environmental impact
- Exclusion of articles allowing States and municipalities to define their own rules
- Maintenance of the special protection regime of the Atlantic Forest, one of the most threatened biomes
- Requirement to consult FUNAI and Palmares Foundation in projects affecting indigenous and quilombola lands, even if they are not demarcated
Critical points that remain in the “Devastation Law”
Despite the vetoes, controversial provisions such as the Special Environmental License (LAE) were maintained. This speeds up the licensing of strategic projects defined by the Government Council, a presidential body with ministerial participation. A Provisional Measure anticipates its entry into force.
“We celebrate the vetoes as a victory for social mobilization,” expressed Greenpeace Brazil. WWF appreciated the Government’s response but warned that the text still weakens protection instruments and could reduce the state’s capacity to prevent socio-environmental damage.
A debate reaching COP30
The debate comes a few months before COP30, to be held in Belém do Pará, in the heart of the Brazilian Amazon.
Although the law is already in force, the presidential vetoes must still be analyzed by Congress, with no set date, leaving room for new legislative twists.
