Brazilian Climate Litigation Platform
Type of Action
Civil Public Action (ACP)
Court of origin
Federal Regional Court or Federal Judge
Filing Date
12/2023
Original case number
1117457-50.2023.4.01.3400
State of origin
Distrito Federal (DF)
Link to court of origin’s consultation website
https://pje1g.trf1.jus.br/consultapublica/ConsultaPublica/listView.seamSummary
This is a Public Civil Action (ACP) with a request for urgent relief filed by the Arayara International Institute of Education and Culture, the Association of Farmers of the Quilombo Remnants of Córrego de Ubaranas, and the Association of Remnants of Quilombos of Rural Producers of Family Farming of the Quilombola Community of São Domingos Sapê do Norte - ARQCSAD against the National Agency of Petroleum, Natural Gas and Biofuels (ANP) and the Federal Government. This action is part of a set of 6 ACPs filed against the 4th Cycle of Permanent Offer of Concessions for oil exploration blocks. The aim is to challenge the auction of oil exploration blocks carried out through the 4th Cycle of Permanent Offers. It is argued that the inclusion of a set of blocks located in the Espírito Santo-Mucuri Sedimentary Basin; in the Potiguar Sedimentary Basin; In the Sergipe-Alagoas Sedimentary Basin, the auction is illegal and constitutes a clear case of environmental racism. This is because these blocks overlap Quilombola Territories and Areas of Direct Influence of Quilombola Territories, and there was no prior informed consultation or any mention of this fact in the Joint Manifestations of the Permanent Offer of Areas, which would violate the Interministerial Ordinance of the MME/MMA that regulates the issuance of joint manifestations for the purpose of offering blocks for oil and gas exploration and ILO Convention 169. It is argued that the climate crisis scenario demands an energy transition to clean energy and a reduction in carbon dioxide emissions, which is incompatible with the expansion of oil exploration over protected areas, such as Quilombola communities. The administrative act issued jointly by the Ministry of Mines and Energy and the Ministry of the Environment and Climate Change that authorized the offering of the aforementioned blocks is also challenged. In preliminary proceedings, the following is requested: (i) the suspension of the offering of the disputed blocks; and (ii) the suspension of the Joint Expressions of Interest for the Permanent Offer of Areas regarding the Espírito Santo, Potiguar, and Sergipe-Alagoas Basins, and the suspension of their offerings in the 4th Cycle of the Permanent Offer until new Joint Expressions are made that comply with the necessary legislation. In final proceedings, the following is requested: (i) the recognition of the nullity of the Joint Expressions with respect to the exploratory blocks; and (ii) the exclusion from the offering of the blocks indicated in the initial petition.
The defendants argued for the jurisdiction of the 4th Federal Court of the Judicial Section of Rio Grande do Norte, due to the prior filing of the Public Civil Action 0812151-03.2023.4.05.8400 (included on this Platform as "Instituto Arayara vs. ANP and others (4th cycle of permanent offer of oil concession in Submarine Mountains)"), which was accepted by the court. The new case number is 0812949-61.2023.4.05.8400.
In an interlocutory decision, the court of the 4th Federal Court of the Judicial Section of Rio Grande do Norte, to which jurisdiction was declined, denied the preliminary injunction request. The request was considered moot because the request to suspend the 4th Cycle of Permanent Offer of Concessions had already been examined and denied within the scope of the Public Civil Action 0812151-03.2023.4.05.8400, filed by the same plaintiff. Furthermore, the parties were notified to comment on the jurisdiction of this Court, considering the possibility of amending the initial petition of the Public Civil Action 0812151-03.2023.4.05.8400.
Plaintiff
Type of plaintiff
Defendant
Type of defendant
Main norms mobilized
Brazilian biomes
Not ApplicableGreenhouse Gas (GHG) emission sectors
EnergyStatus
In progress
Type of action
Routine case
Climate in environmental licensing
Non-mentioned
Environmental and/or climate justice approach
Implicit in the content of the action
Claim alignment with climate protection
Favorable
Measures Addressed
Climate approach
Contextual argument
Document type
Decision of a single judge
Origin
4ª Vara Federal da Seção Judiciária do Rio Grande do Norte
Date
12/2023
Brief description
The preliminary request is dismissed, as it is deemed to be invalid because the request to suspend the 4th Permanent Concession Offer Cycle has already been examined and dismissed within the scope of ACP 0812151-03.2023.4.05.8400, and the auction in question was held on December 13, 2023.
Document type
Complaint
Origin
Instituto Internacional Arayara de Educação e Cultura – Instituto Arayara de Educação para a Sustentabilidade; Associação dos Agricultores e Agricultoras Remanescentes de Quilombo de Córrego de Ubaranas; e Associação dos Remanescentes dos Quilombos de Produtores e Produtoras Rurais da Agricultura Familiar da Comunidade Quilombola de São Domingos Sapê do Norte - ARQCSAD
Date
12/2023
Brief description
The bidding process for oil exploration blocks held through the 4th Permanent Offering Cycle is challenged. As a preliminary injunction, the request is made to suspend the Joint Manifestations of the Permanent Offering of Areas for the Espírito Santo, Potiguar, and Sergipe-Alagoas Basins and to suspend their offers in the 4th Permanent Offering Cycle until new Joint Manifestations are held in compliance with the necessary legislation and in consultation with the Quilombola peoples. As a final injunction, the request is made (i) to declare the Joint Manifestations null and void with regard to the exploration blocks; and (ii) to exclude the contested blocks from the offer.