PSol and the Articulation of Indigenous Peoples of Brazil (Apib) filed, this Monday (12/29), a Direct Action of Unconstitutionality (ADI) to cancel the Environmental Authorization before the Federal Supreme Court (STF).
The general law was approved by Congress in May and sanctioned by President Luiz Inácio Lula da Silva (PT) in August. The PT member, however, vetoed some of the measures approved by Parliament. These vetoes, however, were eventually overturned in November, after the 2025 United Nations Climate Change Conference (COP30). After the reversal, the law was signed into law.
During its processing, the environmental authorization was widely criticized by environmentalists, including Environment Minister Marina Silva.
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In exchange for these vetoes, Lula issued a specific provisional measure for the Special Environmental Permit (LAE) – also approved by Congress – and sent a complementary bill that is still being drafted.
In total, the PSol and the Apib want 29 articles of the general legislation and six of the AEA to be declared totally or partially unconstitutional. The petition also requests a precautionary measure to suspend the contested effects while the action is processed before the Supreme Court.
According to them, the legislation “does not fulfill the function of modernization, unification and implementation of best practices in Brazilian environmental licensing and, for the most part, aggravates existing deficiencies and, even more, undermines the environmental management system of activities and companies that may cause pollution or other forms of environmental degradation.”
Among the points called into question are the License of Membership and Commitment (LAC), which is a kind of self-license, the weakening of the Atlantic Forestry Law and the delegation of regularization powers to the States and Municipalities.
The petition was written by the Climate Observatory and was supported by 11 other civil society organizations: Greenpeace Brasil, ISA, WWF-Brazil, Alternativa Terrazul, Arayara, Alana, Conectas, IDC, Conaq, SOS Mata Atlântica and Avaaz.
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