UN Experts Praise Lula’s Veto of 63 Articles in Brazil’s Licensing Law

United Nations experts have applauded Brazilian President Luiz Inácio Lula da Silva’s decision to veto 63 articles from the country’s newly adopted environmental licensing law. They described the move as a decisive step in protecting human rights, safeguarding ecosystems, and ensuring Brazil remains aligned with its international climate and environmental obligations.

Avoiding a Major Setback in Protections

In July 2025, UN experts had voiced deep concern that the bill, if adopted without changes, could cause a major regression in Brazil’s environmental and human rights protections. They warned it would undermine the State’s duty to prevent climate harms, respond effectively to the triple planetary crises of climate change, biodiversity loss, and pollution, and shield communities from corporate-related human rights abuses.

The vetoes directly address those concerns. Among the most controversial provisions struck down were:

• Exemptions allowing mining activities to bypass licensing requirements.

• Self-licensing powers for medium-risk projects, effectively removing oversight.

• Weakened processes of free, prior and informed consent for Indigenous Peoples and Quilombolas living on unmarked ancestral lands.

• Reduced protection for the Mata Atlântica, one of Brazil’s most threatened biomes.

• Excessive decentralisation of oversight powers, which experts argued could weaken accountability.

By vetoing these provisions, the Lula administration prevented what experts described as “serious risks of irreparable harm to communities and ecosystems.”

Safeguarding Indigenous and Community Rights

The experts particularly welcomed the decision to maintain stronger protections for Indigenous Peoples and Quilombola Afrodescendent communities, many of whom rely on unmarked lands and traditional territories for survival. Weakening their consultation rights, they stressed, would have violated Brazil’s obligations under international human rights law.

“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,” the experts said. This includes integrating scientific knowledge alongside Indigenous expertise and traditional knowledge systems.

Balancing Development and Environmental Protection

Although the law retains a reference to simplified licensing for so-called “strategic projects,” the government has introduced a precautionary evaluation process for these cases. Experts emphasized that robust impact assessments must remain mandatory for any project with potential environmental or social impacts, regardless of classification.

They hailed the decision as evidence that listening to affected communities, scientific bodies, and civil society can lead to better governance. “This is a necessary step towards protecting the environment and the climate, promoting the economy and national interests, and safeguarding the rights of present and future generations,” they said.

Next Steps: Congress Must Uphold the Vetoes

The UN experts cautioned that the Brazilian National Congress must uphold Lula’s vetoes. Overturning them, they warned, would breach the Constitution, human rights law, and Brazil’s obligations under international treaties and customary law.

They urged Brazil to continue strengthening participatory mechanisms, particularly for Indigenous and Quilombola communities, ensuring that future legislation aligns with global human rights and environmental standards. They highlighted relevant Advisory Opinions from the Inter-American Court of Human Rights and the International Court of Justice, which emphasize States’ duties to safeguard both people and nature.

Brazil’s Role Ahead of COP30

The vetoes also come at a critical time, as Brazil prepares to host COP30 in Belém in 2025, a high-profile moment for the country’s climate leadership. Experts said the decision demonstrates Brazil’s commitment to positioning itself as a global leader on climate action and environmental protection.

By reaffirming its obligations and prioritizing sustainability, Brazil has taken what the UN called “a decisive step toward protecting ecosystems, strengthening human rights, and building resilience for the future.”