Brazil's DPU Challenges Env. Licensing Laws

What Are Brazil's New Environmental Licensing Laws?

Brazil enacted two major pieces of legislation in 2025: the General Environmental Licensing Law (No. 15,190/2025) and the Special Environmental License Law (No. 15,300/2025). The General Law has been in force since February and was signed by President Lula with 63 vetoes — all of which were subsequently overturned by Congress.

What Changes Do the Laws Introduce?

Among the key changes are the exemption from environmental impact assessments and the option of a simplified licensing process for activities classified as medium-impact. Critics argue this effectively lowers the bar for economic projects in ecologically sensitive areas.

Why Is the DPU Challenging Them at the Supreme Court?

The Federal Public Defender's Office (DPU) has filed a petition with the Supreme Federal Tribunal (STF) seeking to participate as amicus curiae — a Friend of the Court — in three ongoing direct unconstitutionality actions (ADIs) brought by political parties and civil-society organisations. The DPU argues the laws represent a fundamental overhaul of the environmental protection model enshrined in Brazil's Federal Constitution.

What Are the Core Constitutional Arguments?

The DPU contends the legislation reverses constitutional priorities by subordinating fundamental rights and environmental protection to the expansion needs of economic projects — dressed up, in its words, as "administrative simplification and economic development." The Defenders stress that environmental licensing was never intended to obstruct business, but to reconcile development with protection of life, health, cultural heritage, biodiversity and the territorial rights of indigenous peoples, quilombola communities and other traditional populations.

What Risks Does the DPU Identify?

Public defenders warn that simplifying or waiving environmental analyses for potentially damaging projects could lead to degradation of natural resources, loss of traditional territories, forced displacement of communities and an escalation of socio-environmental conflicts. They also flag that restricting the role of technical bodies reduces meaningful public participation in the licensing process.

What Happens Next?

The petition is now before Justice Alexandre de Moraes, the STF's rapporteur on the case. If he accepts the DPU's amicus curiae status, the Defenders' technical contributions will inform the Court's ruling — a decision expected to have wide-ranging consequences for businesses, investors and communities across Brazil.