UN human rights and environmental experts on Thursday welcomed Brazilian President Luiz Inácio Lula da Silva’s decision to veto 63 provisions of a sweeping environmental licensing bill, calling the move a decisive step in protecting human rights, Indigenous communities, and the planet.
The vetoes, announced earlier this week, were applied to some of the most controversial aspects of the law, which experts had warned could cause “irreversible damages” to Brazil’s ecosystems and communities.
Article 225 of Brazil’s Constitution guarantees every person “the right to an ecologically balanced environment” and imposes a duty on both the State and society to defend and preserve it for present and future generations. The vetoes, experts said, align with these constitutional obligations by rejecting provisions that would have dismantled long-standing safeguards.
Among the vetoed measures were exemptions for mining projects, provisions allowing self-licensing by companies, and restrictions on Indigenous and Quilombola participation. Allowing such provisions to stand would have created a direct conflict with constitutional requirements for prior environmental impact studies and public participation.
The experts also framed the decision in terms of international law. Brazil is a party to multiple treaties, including the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on Biological Diversity, and ILO Convention No. 169 on Indigenous and Tribal Peoples. These treaties obligate Brazil to take action toward realizing rights essential for dignity, including health, food, and water, as well as prevent environmental harm, consult affected communities, and ensure free, prior and informed consent.
Failure to uphold these standards could have exposed Brazil to international claims or scrutiny, particularly before the Inter-American Court of Human Rights, which has issued advisory opinions affirming the state’s duty to regulate projects with potential environmental and human rights impacts.
While applauding the vetoes, the experts underscored the need for ongoing vigilance. They alluded to the precautionary principle—enshrined in international environmental law—as requiring comprehensive environmental impact assessments for all projects, including those deemed “strategic.” They also urged Brazil to strengthen participatory mechanisms, which could help avoid litigation and promote legitimacy in policy-making.
The experts stressed that Brazil must bolster mechanisms for effective consultation and participation—particularly with Indigenous Peoples, Quilombolas, and affected local communities—to ensure legislative compliance with environmental, climate, and human rights obligations. They noted that these duties are not optional but have been expressly clarified in Advisory Opinions of the Inter-American Court of Human Rights and the International Court of Justice. Strengthening such processes, they added, would reinforce Brazil’s credibility as it prepares to host COP30 in Belém.
