On December 23, 2025, Law No. 15,300/2025 was published, establishing the Special Environmental License (LAE). Unlike traditional environmental licensing methods, the LAE is specifically designed for licensing activities and projects considered strategic for national development.
According to Article 3 of the Law, the definition of strategic projects subject to the LAE will be made by decree of the Executive Branch, to be proposed biannually by the Government Council, which provides flexibility and periodic updating to the list of projects covered, in line with the country’s development priorities.
The LAE establishes mandatory environmental conditions to be observed by the entrepreneur regarding the location, installation, and operation of the project, including in cases where there is use of environmental resources or potential to cause significant environmental degradation (Article 2). Thus, although aimed at procedural rationalization, the license does not eliminate the requirement for adequate environmental studies or compliance with mitigation and compensation obligations.
The main objective of the regulation is to confer greater efficiency, predictability, and institutional priority to environmental licensing processes. To this end, the law establishes a maximum period of 12 (twelve) months for the analysis and conclusion of the process, counted from the complete delivery of the required documentation (Article 5).
The procedure for issuing the Environmental Licensing Authorization (LAE) includes, among other steps:
• Prior definition of the necessary environmental information and studies;
• Presentation, by the developer, of the corresponding technical studies;
• Mandatory holding of a public hearing, ensuring social participation;
• Issuance of a conclusive technical opinion regarding the environmental viability of the project.
The legislation also determines that all requests for approvals, licenses, authorizations, certificates, grants, and other documents necessary for the implementation of the strategic project receive priority treatment, both by the licensing body and by the other public entities and bodies involved in the process.
In parallel, Law No. 15,300/2025 makes relevant changes to Law No. 15,190/2025 (General Environmental Licensing Law), especially regarding:
• Cases of exemption from environmental licensing;
• The Environmental License by Adhesion and Commitment (LAC) regime, expanding its applicability in certain situations.
Additionally, the law amends Law No. 13,116/2015 to allow the exemption of the licensing authority’s opinion in specific cases related to the operation of previously licensed broadcasting and telecommunications facilities, provided that there is no increase in the negative environmental impacts already assessed, thus preserving the principle of non-regression in environmental matters.
For questions or further information on this topic, please contact our Environmental and Regulatory team.
Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Partner in the Environmental, Regulatory and Biodiversity Law area.
Bruna Sayuri Ornelas Shigaki | bruna.shigaki@nascimentomourao.adv.br
Lawyer in the Environmental, Regulatory and Biodiversity Law area.
