The Federal Senate approved this Wednesday (3) Provisional Measure (MP) 1308/25, which creates the special environmental license (LAE) for projects considered strategic by the federal government. The proposal, approved yesterday in the Chamber of Deputies, now goes to President Luiz Inácio Lula da Silva for approval.
According to the project, it will be up to the federal government to define in a decree every two years the projects considered strategic, which will have priority in the analysis and decision of environmental license requests.
“The reconstruction and repaving works of pre-existing highways are considered strategic, the sections of which represent relevant strategic connections from the perspective of national security, access to fundamental social rights and integration between federative units”, says the text.
Furthermore, the special environmental licensing process must respect a maximum period of 12 months for analysis and conclusion of the process, which may be divided into stages, counting from the delivery of the relevant environmental study and other information or documents required.
According to the proposal, a mandatory public hearing must be held to discuss the project. The hearing does not replace the requirement for prior, free and informed consultation with traditional peoples and communities, as provided for in legislation and international treaties ratified by Brazil, such as convention 169 of the International Labor Organization (ILO) which deals with Indigenous and Tribal Peoples.
The convention determines the consultation of interested peoples, through appropriate procedures whenever legislative or administrative measures are envisaged that may directly affect them.
