Brazilian Congress Overrides Presidential Vetoes to the General Environmental Licensing Law and Approves New Rules on the Special Environmental License

On November 27, 2025, the Brazilian Congress overturned all presidential vetoes to the General Environmental Licensing Law (Law No. 15,190/2025 – LGLA), except for the provisions concerning the Special Environmental License (LAE), which had already been addressed by Provisional Measure No. 1,308/2025. Subsequently, on December 3, Congress concluded the review of the Provisional Measure by approving Conversion Bill No. 11/2025.

For reference, the LGLA was sanctioned on August 8, 2025 with 63 vetoes, accompanied by a Provisional Measure specifically addressing the LAE.

In addition to reinstating provisions that had been previously vetoed, Conversion Bill No. 11/2025 introduced relevant amendments to the LGLA and established structural parameters for the Special Environmental License applicable to strategic projects.

The following provisions were reinstated with the override of the vetoes:

• License by Adhesion and Commitment (LAC) for small- or medium-sized projects with low or medium pollution potential;
• Restriction of licensing requirements to activities expressly listed in law;
• Corrective environmental licensing through adhesion and commitment, with extinguishment of criminal liability under Article 60 of the Environmental Crimes Law;
• Exemption from licensing for properties under regularization with a Rural Environmental Registry (CAR) pending approval;
• Limitation of consultations with involved authorities to cases of demarcated Indigenous Lands and titled Quilombola territories;
• Non-binding nature of opinions issued by involved authorities and non-suspension of the licensing process in the absence of timely responses;
• Authorization for studies and research in any protected area category, including conservation units;
• Exemption from licensing for maintenance and infrastructure works in pre-existing facilities or within rights-of-way or easements;
• Classification of small dams as projects of public utility;
• Simplified procedures and priority for licensing of water supply and wastewater sanitation systems, with an Environmental Impact Study and Environmental Impact Report (EIA/RIMA) required only in exceptional cases;
• Exemption from environmental licensing for water and wastewater treatment systems and stations until the universalization targets of the Basic Sanitation Law (Law No. 11,445/2007) are met;
• Subsidiary liability of contractors for environmental damages resulting from the absence of a license; and
• Prevalence of the licensing authority’s position in administrative proceedings involving environmental infractions.

Conversion Bill No. 11/2025 also introduces additional amendments, including:

• Prohibition of LAC licensing for mining activities, projects in territorial waters, Indigenous Lands, Quilombola territories, and traditional communities;
• Authorization to use validated secondary data and information from remote monitoring systems in the licensing process;
• Definition of “strategic projects” by decree, based on a biennial proposal from the Government Council;
• Requirement of an EIA/RIMA for obtaining the LAE;
• Application of the standard three-phase licensing process to the LAE; and
• Inclusion of reconstruction and repaving of existing highways as strategic projects.

The provisions reinstated through the veto override were promulgated by the President of the Senate on December 5. The amendments contained in Conversion Bill No. 11/2025 will now be submitted for presidential sanction. In parallel, Congress will continue examining Bill No. 3,834/2025, introduced by the Executive Branch upon the original sanction of the LGLA, which proposes additional adjustments to the law.

The Environmental, Climate Change & Sustainability Practice of Tauil & Chequer Advogados associated with Mayer Brown remains available to provide further clarification on the impacts of these new rules on environmental licensing processes across Brazil.