In the midst of the political dispute between Palacio do Planalto and the National Congress, environmental conservation suffered a reckless defeat when, on Thursday (27), the Chamber of Deputies and the Senate overturned 52 out of 63 vetoes used by Luiz Inácio Lula da Silva (PT) in the law making the country’s environmental licensing more flexible, which parliamentarians approved in July.
The sector actually needs a more modern and simplified regulation, which combines biome protection with sustainable development. However, instead of developing a technical approach, parliamentarians have misused devices with narrow bias or serving particular political and economic groups.
An example of this is the exemption from licenses for activities related to rural property pending approval of the Rural Environmental Register (CAR) – a long-standing concern of rural people. The government objected to it and Congress returned it.
As for the LAC, a license issued by the businessman himself, Planalto tried to make it valid only for projects with low pollution impact, but Parliament again allowed those projects with medium impact.
This tool can be given a judicial character, given that the Federal Supreme Court decided that only cases of the first type are constitutional.
There is another point capable of generating lawsuits in court: states and municipalities are once again able to set local licensing standards, in conflict with federal regulations. Moreover, there is a risk that the rules will be relaxed to attract companies.
However, one of the most controversial points of the original text was approved by the government. The special environmental license speeds up the licensing process for projects deemed strategic by a body linked to the presidency, even if they have the potential to cause significant environmental degradation.
The LAE was included on the day of the vote by the President of the Senate, Davi Alcolombre (União Brasil-AP), a well-known advocate of oil exploration in Foz do Amazonas, located in his state.
When Lula promoted his veto in August, he introduced a temporary measure to establish the LAE immediately – in the original text, it would take effect within six months. There has been a change: project analysis will go through two stages, not just one.
The MP was a way to please the legislature, but it also fit Labour’s developmental model, where the state becomes an engine of the economy through big business.
Relaxing unsubstantiated licenses could impact agribusiness, due to rules like those in the European Union, which limit the sale of products linked to deforestation – the country’s biggest source of carbon emissions.
By overriding the veto, Congress could damage the engine of the Brazilian economy and the measures needed to mitigate global warming.
Editorials@grupofolha.com.br