nt-pl-concessoes-pt-a18a6c4a1b14bb60.pdf

This technical note by the Climate Policy Initiative analyzes the proposed new Concessions Law in Brazil, arguing that it lacks sufficient socio-environmental safeguards. The authors highlight concerns over the ambiguity of responsibility for Preliminary Environmental Licenses, the omission of mandatory Technical, Economic, and Environmental Feasibility Studies (EVTEA) for greenfield projects, and a controversial shift in the civil liability of financiers that contradicts current judicial trends. They recommend these adjustments to increase legal security and ensure higher quality, more sustainable infrastructure.

• The proposed new Concessions Law maintains ambiguity regarding whether the granting authority or the concessionaire is responsible for obtaining the Preliminary Environmental License (LP), leaving this decision to be made on a case-by-case basis. The authors argue that establishing a general rule for each sector would increase business security and predictability in risk allocation.
• The Special Commission rejected a proposal to make Technical, Economic, and Environmental Feasibility Studies (EVTEA) a mandatory condition for opening bids. The authors recommend that EVTEAs be required for greenfield projects to ensure more robust technical projects and better interaction with the territory.
• The draft law introduces a change to the current judicial understanding of environmental liability by limiting the civil liability of financiers to cases where a causal link between their conduct and the environmental damage is proven. This contrasts with the current judicial trend of 'integral risk theory,' which holds financiers liable regardless of a proven causal link.
• The authors warn that the provision limiting financier liability may face judicial challenges based on the principle of non-regression in environmental law and the concept of the 'indirect polluter' established in the National Environmental Policy.
• The legislative origin of the new Concessions Law is a result of discussions within a Special Temporary Commission created in April 2019, which integrated various bills and public hearings held between August and November 2019, shifting focus from the General Bidding Law to the Concessions Law.

APA

Climate Policy Initiative (n.d.). nt-pl-concessoes-pt-a18a6c4a1b14bb60.pdf. https://www.climatepolicyinitiative.org/wp-content/uploads/2020/07/NT-PL-Concessoes-PT.pdf

Chicago

Climate Policy Initiative. nt-pl-concessoes-pt-a18a6c4a1b14bb60.pdf. n.d. https://www.climatepolicyinitiative.org/wp-content/uploads/2020/07/NT-PL-Concessoes-PT.pdf.

Wikipedia

{{cite report |author=Climate Policy Initiative |title=nt-pl-concessoes-pt-a18a6c4a1b14bb60.pdf |url=https://www.climatepolicyinitiative.org/wp-content/uploads/2020/07/NT-PL-Concessoes-PT.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{climatepolicyinitiativendntplconcessoespta18a6c4a1b14bb60pdf, author = {{Climate Policy Initiative}}, title = {{nt-pl-concessoes-pt-a18a6c4a1b14bb60.pdf}}, institution = {Climate Policy Initiative}, url = {https://www.climatepolicyinitiative.org/wp-content/uploads/2020/07/NT-PL-Concessoes-PT.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }