Brazil: Petition filed to suspend or cancel the offering of several oil and gas exploration blocks, alleging violations of Indigenous consultation rights
In May 2025, the Arayara International Institute of Education and Culture filed a Public Civil Action (ACP) against the National Agency of Petroleum, Natural Gas and Biofuels (ANP) due to the inclusion of Blocks PRC-T-54, PRC-T-100, PRC-T-101, PRC-T-117, PRC-T-118, PRC-T-119, PRC-T-122, PRC-T-134, PRC-T-135 for oil and gas exploration in the 5th Permanent Concession Offer Cycle. It is alleged that the blocks were included in the auction without prior, free, and informed consultation with the directly affected Indigenous peoples, thus violating ILO Convention 169. The Arayara Institute alleges that the ANP ignored the existence of overlapping blocks with Indigenous lands and several Areas of Direct Influence (AID). It emphasizes that the ANP issued a technical note recommending the exclusion of areas within a 10- and 8-km perimeter around Indigenous lands, as an oil spill could affect the entire surrounding ecosystem, and that the Federal Public Prosecutor’s Office (MPF) issued a recommendation that the auction be suspended. It emphasizes that the exploration of these blocks causes harm to the health, territorial, and cultural rights of the affected populations. When discussing the supply and impact of exploration of oil blocks overlapping or within areas of influence of Indigenous lands, the author mobilizes the concept of environmental racism by explaining the motivation for offering these areas in the auction. It argues that there is a contradiction between the reality of the climate emergency and the need for energy transition, and the fact that oil and gas exploration is still increasing. The action highlights the important role of Indigenous peoples in combating climate change, which is only possible with the possession and autonomy of their traditionally occupied territories. They requested the granting of a preliminary injunction to (i) suspend the offering of blocks PRC-T-54, PRC-T-PRC-T-100, PRC-T-101, PRC-T-117, PRC-T-118, PRC-T-119, PRC-T-122, PRC-T-134, PRC-T-135, ordering the Federal Union and the ANP to refrain from approving, granting, and signing the contract for these blocks until the prior, free, and informed consultation has been conducted; (ii) if the contract has already been signed, requests that its effects be suspended until the prior consultation with the monitoring of the MPI and FUNAI has taken place. As final requests, requests the cancellation of the procedure for offering and granting the blocks or, subsidiarily, the suspension of the offering until the prior, free, and informed consultation with indigenous peoples and traditional communities, with the monitoring of FUNAI and MPI has taken place. Instituto Internacional Arayara de Educação e Cultura vs. ANP e União Federal (Auction of the 5th Permanent Offer Cycle and overlapping of blocks with Indigenous Lands) (Brazil, Mato Grosso Federal Court)
Brazil: Case filed to compel disclosure and integration of emissions data into energy policy and planning
In May 2025, the Instituto Internacional Arayara de Educação e Cultura filed a Public Civil Action aimed at enforcing the National Policy on Climate Change by the National Agency of Petroleum, Natural Gas, and Biofuels (ANP) and the Federal Government. It also seeks to ensure environmental transparency regarding oil and gas auctions held by the Federal Public Administration. The Arayara Institute presents the climate emergency scenario and its relationship with oil and gas exploration, not publicizing emissions from the blocks nor plans to mitigate these climate impacts. In this climate emergency scenario, the author of the action highlights that the Paris Agreement has been internalized in the country since 2017 and a central mechanism of the Agreement is the Nationally Determined Contributions (NDCs), which is each country’s contribution to the reduction of greenhouse gas emissions. According to the Institute, in the 5th cycle of the Permanent Offer, it has the potential to emit 0.55 gigatons of greenhouse gases, which represents about 41% of the emissions limit of the Brazilian NDC for 2025. Transparency and publicity for the general public of the estimated emissions from the blocks offered in the 5th Permanent Offer cycle were requested, and that the calculated emissions and climate impact be considered in the formulation of energy policy, especially in the decision on the future offer of new blocks for oil and gas exploration, in addition to the inclusion in the Dynamic Emissions Panel of the oil and gas exploration blocks of scope 3 emissions from the blocks that are in the production phase. Instituto Internacional Arayara de Educação e Cultura vs. ANP e União Federal (Climate impact resulting from oil and gas exploration) (Brazil, Federal District Federal Court)
Brazil: Case filed to suspend the activities of Wildlife Works Brasil’s REDD+ carbon credit project in the Alto Turiaçu Indigenous Land, alleging violations of free, prior, and informed consultation, lack of legal standing, and government inaction
In October 2024, Tuxa Ta Pame (Ka’apor Management Council), a political organization representing the Ka’apor People, filed an Common Procedural Action, with a request for urgent relief against the Federal Union, Funai (National Foundation for the Environment), and Wildlife Works Brasil Projetos para o Meio Ambiente Ltda., due to the defendant company’s implementation of a carbon credit (REDD+) project in the Alto Turiaçu Indigenous Land (TI), home to the Ka’apor People, in Maranhão. The plaintiff claims that the project was initiated through a partnership agreement with the Ka’apor Ta Hury Association of the Gurupi River, but that free, prior, and informed consultation (FPIC) with all the indigenous people of the people was not carried out and that the company lacked standing to carry out FPIC in the territory. The company, of US origin, allegedly operated for a year without proper registration in Brazil, and Funai allegedly failed to act to contain illegalities in its operations. Only after a year of operating in the territory, Wildlife Works reportedly contacted Tuxa Ta Pame, who expressed their objection to the company’s presence and requested a suspension of activities, which was not complied with. The Tuxa Ta Pame argues that, because the territory is Indigenous land, any agreement to develop and sell carbon credits could not be formalized without the participation of the Federal Government and Funai. The request is for an injunction to (i) suspend the defendant company’s activities in the Alto Turiaçu Indigenous Land; (ii) require the Federal Government and Funai to conduct inspections in the territory. The final requests are for the preliminary injunctions to be confirmed.
The court considered the possibility that the consultation process conducted thus far lacks democratic legitimacy and lacks clear consensus among the groups representing the affected Indigenous people. It partially granted the request for an injunction to provisionally suspend the REDD+ Project implementation activities in the Alto Turiaçu Indigenous Land until judicial clarification is provided regarding the legitimacy of the Indigenous representatives involved and the regularity of the consultation process. Funai filed a defense arguing that it had not committed any negligent conduct. It argued that it had drafted a Public Note directing Indigenous organizations and leaders not to participate in negotiations and negotiations for the commercialization of carbon credits on Indigenous lands, suggesting that contracts not be signed until criteria and guidelines for the inclusion of Indigenous lands in the voluntary carbon market are defined. Furthermore, the agency had already developed other initiatives to regulate the matter. It noted that, despite the guidelines, according to Article 232 of the Federal Constitution, Indigenous people have full civil capacity, and it is not possible to absolutely prevent them from entering into agreements with private institutions. It requested that the claims filed against the agency be dismissed. Tuxa Ta Pame vs. União Federal, Funai e Wildlife Works Brasil (Carbon credits and adequate prior consultation with the indigenous community) (Brazil, Maranhão Federal Court)
Brazil: Case filed to suspend the operation of a thermoelectric power plant, alleging repeated environmental noncompliance, excessive greenhouse gas emissions, and regulatory failures
In July 2025, the Arayara International Institute of Education and Culture – Arayara Institute of Education for Sustainability filed a Public Civil Action (ACP) filed against Âmbar Sul Energia SA, the National Electric Energy Agency (ANEEL), and the Federal Government due to alleged irregularities in the operation of the Candiota III Thermoelectric Power Plant (UTE), located in Candiota, Rio Grande do Sul, and owned by Âmbar Sul Energia SA. The aim is to suspend the UTE’s activities and impose specific obligations on the operator and the public entities responsible for monitoring and granting its operation. The plaintiff highlights that, among other irregularities in the plant’s environmental licensing process, there is repeated noncompliance with environmental conditions; and the current Operating License (LO) does not establish specific time limits for atmospheric emissions. The UTE also allegedly has several unpaid infraction notices issued against it. Furthermore, the report argues that the plant operates by burning low-quality coal, which exacerbates greenhouse gas emissions and makes it one of the largest GHG emitters in the Brazilian electricity system, contributing to acid rain, degrading air quality, and worsening the climate crisis. It highlights the occurrence of extreme weather events in the country, particularly the 2024 floods in Rio Grande do Sul, which are likely to worsen, arguing that mitigating GHG emissions is urgently needed to mitigate the effects of climate change. It argues that ANEEL has failed to monitor and control irregularities at the project. It argues that the UTE’s operations must be halted due to repeated failure to comply with environmental obligations and also to reduce GHG emissions. As a preliminary injunction, it requests: (i) suspension of the plant’s LO until all environmental conditions already established by the environmental agency and compliance with legal GHG emission standards are fully met; (ii) imposing a non-action obligation on ANEEL and the Federal Government to refrain from issuing a commercial operating authorization for the project until it complies with the legal requirements; (iii) imposing a non-action obligation on Âmbar to refrain from operating the project without a valid environmental license and all necessary regulatory authorizations; (iv) determining the existence of the action in the registration of the property where the project operates. In the final instance, confirmation of the same requests submitted in urgent relief is requested. Arayara Institute vs. Âmbar Sul Energia S.A., ANEEL and Federal Union (UTE Candiota III) (Brazil, Rio Grande do Sul Federal Court)
Fonte: Columbia Climate School
