Lawmakers pass controversial 'devastation bill' that drastically weakens crucial laws: 'There's no precedent for how damaging this law is'

A "devastation bill" opposed by more than 350 organizations and social advocates could be headed for a battle in Brazil's Supreme Court, as reported by the Guardian. 

Legal experts say the legislation is unconstitutional and would wreak havoc on Indigenous rights, Quilombola communities, and the environment, potentially threatening everyone by increasing the risk of human-caused climate disasters linked to rising global temperatures.  

What's happening?

On July 17, Brazil's Congress passed a law that would allow projects with "medium" polluting potential to bypass the regulatory review process by filing a self-declared form online, according to the Guardian. If President Luiz Inácio Lula da Silva approves the legislation within 15 working days, the bill would impact about 90% of licensing procedures in Brazil. 

Agencies that protect Indigenous rights and Quilombola communities — descended from Africans who resisted and escaped slavery before Brazil abolished the practice in 1888 — would also see their licensing influence diminish, leaving more than 30% of Indigenous lands and 80% of Quilombola areas vulnerable.

Why is this important?

In addition to eroding Indigenous and Quilombola protections, the bill could clear the way for mining and agricultural companies to exploit lands previously protected by licensing regulations.

Brazil introduced these regulations in the 1980s — a period when the country experienced significant deforestation — as domestic and international advocates pressured lawmakers to protect the Amazon, a megadiverse rainforest that helps regulate global temperatures by soaking up carbon and is home to a variety of plants found in modern medicines.

Nonetheless, as NASA explains, deforestation rates still continued to rise throughout the 1990s and into the turn of the century. In recent years, Brazil's restoration and enforcement efforts have reduced deforestation. However, the "devastation bill" threatens to undo that progress. 

"Its approval is a tragedy. There's no precedent for how damaging this law is," Suely Araújo, public policy coordinator at the Climate Observatory civil society group, told the Guardian. 

What can be done about this?

As of Friday, President Lula had neither signed nor vetoed the "devastation bill." If he does veto the legislation, though, political watchers expect that the predominantly opposition-led Congress will overturn the decision, according to the Guardian. 

Dinamam Tuxá, executive coordinator of the Articulation of Indigenous Peoples of Brazil, suggested this is why the public must make their voices heard on the matter, pressuring lawmakers to support more robust environmental licensing regulations. "That's why civil society must remain organized to pressure lawmakers not to overturn the veto," Tuxá told the Guardian.

Ultimately, if the bill is enacted, legal experts expect an onslaught of legal challenges that could make their way to the country's highest court.  

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