“In my view, the issue is somewhat more complex. A large part of the General Environmental Licensing Law is a consolidation of rules that already existed…”
Paulo de Bessa Antunes is an environmental law consultant and expert, a full professor at the Federal University of the State of Rio de Janeiro (UNIRIO). He holds a law degree from the Federal University of Rio de Janeiro (UFRJ), a master’s degree from Pontifical Catholic University (PUC) and a PhD from Rio de Janeiro State University (UERJ).
AgriBrasilis – Does the new General Environmental Licensing Law No. 15,190/2025 represent progress or a setback?
Paulo de Bessa – In my view, the issue is somewhat more complex. A large part of the General Environmental Licensing Law is a consolidation of rules that already existed at the federal, state and even municipal levels. There are positive aspects and negative aspects to the innovations it introduces. The main negative point, in my opinion, is the so-called environmental commitment license, which is based on a declaration by the developer that it will comply with the law and, on that basis, obtain the license. Many issues covered by such licenses should instead fall under urban planning permits rather than environmental ones — for example, gas stations, bakeries and repair shops. It should be remembered that oversight of these activities is relatively simple and location permits could require the necessary equipment to prevent pollution.
AgriBrasilis – What are the main changes and what do they mean for agribusiness?
Paulo de Bessa – The main changes relate to a regulatory framework intended to make environmental licensing faster and less bureaucratic. When it comes to agribusiness, it is important to clearly distinguish between different situations. There are small farmers and large farmers. On large farms, there are activities that are industrial in nature and therefore require licensing. Grain production itself does not require environmental licensing. There is no sense in licensing a crop season, as has been proposed in the past. There are general control rules that must be followed. Environmental control should not be confused with environmental licensing. Every activity is subject to oversight, even if it does not require a license.
AgriBrasilis – How do you assess Congress’s overturning of the presidential vetoes to the Environmental Licensing Law?
Paulo de Bessa – It is a political issue. If the government does not have a congressional majority, it should have negotiated more. Congress acted within its prerogatives.
AgriBrasilis – Is the simplification of environmental licenses compatible with the precautionary principle and the polluter-pays principle?
Paulo de Bessa – Simplifying the environmental licensing process is not at odds with the basic principles of environmental protection. If bureaucracy and administrative complexity were synonymous with greater protection, Brazil would not face the environmental problems it does today.
AgriBrasilis – Does Brazilian Environmental Law address international demands for zero deforestation and traceability?
Paulo de Bessa – Vegetation clearing in Brazil is a matter that requires authorization; therefore, there is no “right” to clear vegetation. Traceability means that the entire production process was carried out in compliance with the law. Such controls must be carried out by Brazilian authorities, in accordance with Brazilian laws. It is important to ensure that these demands do not turn into non-tariff barriers to our products.
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