The new legal framework for environmental licensing in Brazil

a critical analysis of the genesis of Law No. 15.190/2025 and its implications for environmental governance

Abstract

Law No. 15,190/2025, originated from Bill No. 2,159/2021, establishes the new legal framework for environmental licensing in Brazil, aiming to modernize and simplify the procedure. This article critically analyzes the statute, considering the original bill and the scenario following the National Congress's override of 52 presidential vetoes, which reinstated provisions that promote the flexibilization of rules and the weakening of Sisnama agencies. Under the theoretical framework of Constitutional Environmental Law and the concept of "environmental dismantling", this study investigates how the new law impacts the principle of non-retrogression. The general objective is to evaluate the compatibility of Law No. 15,190/2025 and its original bill with Article 225 of the Federal Constitution. The deductive method was employed, using bibliographic research and documentary analysis of official and legislative sources. It concludes that the prevalence of speed over precaution generates legal uncertainty and severe risks to Brazilian environmental governance.