ID: 1974
Presenting Author: Daniella Soares
Session: 729 - FPIC - How prior is prior?
Status: pending
Based on Brazilian environmental licensing legislation, the objective of this presentation is to discuss how FPIC has been conducted, particularly in the electricity sector.
Brazilian environmental impact assessment legislation established provisions for public participation through public hearings during the environmental licensing process. These hearings are conducted by the licensing authority. CONAMA Res. No. 09/86 stipulates that more than one public hearing may be held on the same project, depending on the project’s location and the complexity of the subject matter.
The new Environmental Licensing Framework (Law No. 15,190/25), that will take effect in early 2026, provides for at least one public hearing, as well as public consultations, participatory meetings and the collection of technical inputs. Despite the ongoing debate regarding the principle of FPIC, which has generally taken place within the scope of the environmental licensing process, the new law does not explicitly mention this consultation.
At least two bills currently under discussion in Brazil address FPIC. Bill No. 10,678/18 regulates consultations with traditional communities for the issuance of environmental licenses for activities that use environmental resources and are actually or potentially polluting or capable, in any form, of causing environmental degradation. Bill No. 572/22 includes specific provisions on FPIC and on the creation of mechanisms to ensure the material feasibility of broader community participation.
This paper aims to present how FPIC has been conducted in Brazil in recent years, bringing to the discussion particular cases from the electricity sector and corporate initiatives to ensure that the right to consultation is effectively implemented.
Geographer, PhD in Urban and Regional Planning, specialist in Community Relations, with over 20 years of experience in the electricity sector
Coauthor 1: Pedro Garcia