The new legal framework for environmental licensing in Brazil: achievements and potential reversals

Abstract

The objective of this research was to analyze environmental licensing in Brazil in light of the changes proposed by Bill No. 2,159/2021, which aims to establish a new legal framework on the subject. The methodology used was the deductive method, with a qualitative approach, based on legislative, doctrinal, and documentary analysis, in addition to the examination of technical studies prepared by specialized institutions. The research examined the legal foundations of environmental licensing as a preventive control instrument and its connection to the principles of precaution, prevention, and the socio-environmental function of property. The study analyzed the new types of licenses proposed in the bill, such as the Adhesion and Commitment License (LAC), the Unified Environmental License (LAU), the Corrective Operating License (LOC), and the Special Environmental License (LAE), as well as the provision for automatic renewal of environmental licenses. The conclusion reached was that, despite containing specific improvements, such as the increase in penalties for operating without a license, the bill includes provisions that may weaken environmental oversight and reduce the effectiveness of state control by easing essential technical requirements. Therefore, the new legal framework may jeopardize environmental protection by distancing itself from constitutional principles. Finally, considering that the approved text awaits presidential sanction, this will be the decisive stage to confirm or redirect the course of environmental policy in the country.