Brazilian Lawmakers Attack Green Laws Post Climate Summit

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In a shocking development just days after Brazil’s recent hosting of the U.N. climate talks, lawmakers in the country are pushing for a significant rollback of environmental protections. This proposal threatens to undermine the reputation of President Luiz Inácio Lula da Silva’s administration, which has been working diligently to position Brazil as a leader in environmental stewardship.

Last week, Brazil welcomed representatives from nearly 200 nations to the U.N. climate summit in Belém, where the government showcased notable progress in reducing deforestation rates in the Amazon Rainforest, a critical ecosystem for the planet. However, the political landscape in Brasília tells a different story. Here, Lula’s adversaries are seizing the opportunity presented by the conclusion of the summit to advance a series of legislative changes that could severely weaken Brazil’s environmental regulations.

These proposed changes come at a time when Brazil is grappling with a Congress that is predominantly composed of politicians who align closely with industrial interests, particularly those in the agricultural sector. The new proposals would permit companies to conduct their own environmental assessments, simplifying the process for obtaining licenses for projects deemed of “medium impact.” Such projects could include a range of activities, from constructing dams and mines to establishing industrial plants and drilling for oil and gas.

Additionally, a separate proposal seeks to alter the licensing process for large infrastructure projects, allowing them to bypass traditional environmental checks through a mechanism known as “special environmental licensing.” This alteration would enable certain projects deemed “strategic” to be fast-tracked, effectively sidelining environmental scrutiny. Furthermore, the agricultural sector would largely escape from the oversight of environmental planning, raising significant concerns regarding the potential for ecological harm.

Perhaps most concerning is a proposal that would strip Indigenous communities of their oversight rights regarding projects impacting their ancestral lands. This change is particularly alarming given that approximately a quarter of the Amazon region is under the stewardship of Indigenous peoples, whose traditional knowledge and practices are critical for the conservation of this vital ecosystem.

Marina Silva, Brazil’s Environment Minister, has voiced her concerns about these legislative efforts. In an interview, she remarked that the passage of such laws would represent “a setback that dismantles policies consolidated over decades.” Silva emphasised that these changes could create loopholes that allow high-impact projects to avoid essential technical analyses, thereby jeopardising entire river basins, biomes, and the communities that rely on these territories for their livelihoods.

Lula’s Veto and the Battle Ahead

Legislative action on this front has already progressed, with both houses of Congress having passed the law once, bolstered by large majorities. However, in August, President Lula vetoed 63 of the most environmentally detrimental provisions within the bill, while allowing other parts to become law. This included crucial measures aimed at protecting the environment from exploitation.

The Congress holds the power to override Lula’s vetoes, requiring only a majority in both chambers to do so. As such, lawmakers have indicated their intention to vote on these vetoes on November 27, merely six days after the diplomats depart from Belém. Analysts predict that the Congress is likely to replicate its earlier votes to overturn the president’s vetoes.

Suely Araújo, former president of Brazil’s government forest protection agency and now a public policy coordinator at the Climate Observatory NGO, expressed her doubts about Lula’s ability to halt this legislative momentum. She warned, “I really don’t think that Lula has the power enough to stop this,” adding her concerns about the imminent increase in deforestation rates should the vetoes be overturned. This sentiment is echoed in a report by esteemed environmental management experts, who stated that the proposed changes would lead to “significant environmental degradation.”

In response to these alarming developments, environmental groups are preparing to escalate the issue to the Supreme Court. Mauricio Guetta, legal policy director at the campaign group Avaaz, warned that the potential rollback of environmental protections could constitute “the worst environmental setback in our history.”

Despite these urgent concerns, two lawmakers from the agribusiness sector, along with the Instituto Pensar Agropecuária, a non-profit group representing agricultural interests, have not responded to inquiries regarding the implications of these proposed changes. Nonetheless, Mato Grosso do Sul Governor Eduardo Riedel, representing one of Brazil’s centre-right opposition parties, has publicly lauded the General Environmental Permitting Law for reforming the planning system to facilitate rapid project delivery.

“Society increasingly demands agile responses due to the magnitude of development and growth, so it is also not an obstacle to development,” Riedel stated during an event at the COP30 climate conference.

The Amazon on the Brink

The stakes of this legislative battle extend beyond Brazil’s borders, with profound global implications. The ongoing deforestation and climate change threaten to push the Amazon towards a tipping point, as scientists warn of a potential collapse of the forest’s rain cycle. Such a catastrophic event could lead to increased wildfires and the eventual replacement of carbon-storing trees with grasslands, thereby exacerbating global warming and its far-reaching consequences.

Passing these reforms shortly after Brazil’s hosting of the climate conference would send a troubling message about the country’s commitment to environmental protection. Nilto Tatto, a member of Congress from Lula’s Workers Party, remarked, “It’s very bad for Brazil’s image. It’s very bad because of everything that the COP here in Belém represents.” Silva echoed these sentiments, stating that the rollback threatens to undermine Brazil’s international commitments, including those outlined in the Paris Agreement.

Moreover, Tatto cautioned that these changes could have far-reaching implications for trade relations with the European Union, which has been increasingly vigilant in regulating its supply chains to prevent environmental damage.

In light of these challenges, the government may attempt to postpone the vote, a strategy that has already seen some success in avoiding a clash with the U.N. talks. President Lula entered COP30 with a commendable record of reducing deforestation, which had escalated alarmingly under his predecessor, Jair Bolsonaro. However, the current administration faces the difficult task of reconciling Lula’s environmental promises in Belém with the harsh political and economic realities prevailing in Brazil.

As next year approaches, Lula is set to campaign for a fourth presidential term against an as-yet-unknown opponent, likely from the hard right, who would undoubtedly abandon efforts to protect the environment.

Just prior to COP30, Lula’s administration greenlit new oil exploration initiatives near the mouth of the Amazon River. Furthermore, he has supported a significant redevelopment of a 900-kilometre highway, a project that environmental and Indigenous groups warn could facilitate access for extractive industries, threatening vast tracts of forest.

In conclusion, the situation is dire, and the ramifications of these legislative changes could echo throughout Brazil and beyond. As the country grapples with the consequences of this critical moment, the commitment to achieving net-zero emissions and safeguarding the environment hangs in the balance. The coming weeks will be pivotal in determining Brazil’s trajectory in the fight against climate change.

Aitor Hernández-Morales contributed reporting from Brussels.