RN Brazil
The lawsuit is a Public Civil Action filed by the Arayara Institute against the National Ports Administration (ANP), the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA), the Colombian Institute of Biodiversity (ICMBio), and the Federal Union, challenging the legality of including eleven oil exploration blocks in the SPOT-AP2 Sector of the Potiguar Basin within the 4th Permanent Concession Offer Cycle. The Institute argues that the offer is illegal because the blocks overlap with ecologically sensitive seamounts (Sirius, Touros, and Guará), located less than 100 km from the coast, and lack specific technical analysis of their socio-environmental viability. It alleges that the ANP improperly used Joint Statement MMA/MME No. 2/2020—prepared for the 17th Bidding Round—without conducting the required evaluation. It also points out that the area is home to ecosystems of very high importance, close to Atol das Rocas and Fernando de Noronha, and that the absence of prior environmental assessment is incompatible with the climate emergency scenario and the need for energy transition.
In the preliminary phase, the Institute requested a suspension of the bidding for the blocks until a robust technical analysis was issued by IBAMA and ICMBio. However, the 4th Federal Court of Rio Grande do Norte denied the emergency measure, understanding that the case required a more in-depth examination.
In their responses, the public agencies defended the legality of the process. IBAMA argued that there is no environmental damage resulting from the bidding process itself and that the Supreme Federal Court (STF), in rulings ADPF 825 and 887, had already determined that environmental viability must be assessed during the licensing process, not before the auctions. ICMBio pointed out that the blocks do not affect federal Conservation Units and that the climate and emissions impacts will be examined during the licensing stage. The Federal Union asserted that the process had become moot because the blocks in question did not receive any bids during the public session of December 13, 2023.
In its final ruling, the court dismissed the case. The central argument was that the bidding process had already taken place and none of the disputed blocks had been acquired, thus rendering judicial review unnecessary. Consequently, the court did not analyze the underlying climate-related arguments or the validity of the bid.
In its lawsuit, the Arayara Institute argues that the offering of oil exploration blocks in the SPOT-AP2 Sector of the Potiguar Basin is incompatible with Brazil's national and international climate obligations, as well as with the global climate emergency. The central argument is that granting permits for oil exploration and exploitation in new areas—especially in highly sensitive ecosystems—exacerbates the climate crisis by incentivizing the expansion of fossil fuels at a time when the country should be prioritizing decarbonization and the energy transition.
The action highlights that the seamounts in the area—Sirius, Touros, and Guará—are vulnerable ecosystems and strategic for climate resilience, as they harbor unique biodiversity and function as zones of high ecological productivity. Their degradation would affect the ocean's capacity to maintain essential ecosystem services, including those related to carbon sequestration. It also points out that the proximity of the seamounts to the coast, less than 100 km away, increases the risk of spills and fugitive emissions, with potential impacts on marine food webs and artisanal fisheries, exacerbating socio-environmental vulnerabilities in a context of climate change.
She further alleges that the federal government failed to recognize the need to reduce emissions when promoting new fossil fuel exploration projects without conducting a prior environmental impact assessment that specifically considered the associated climate impacts, thus violating the precautionary principle and commitments made by Brazil under the Paris Agreement. According to the author, Joint Statement MMA/MME No. 2/2020 was improperly used without being updated to reflect more recent climate and socio-environmental parameters.
The Institute also argues that promoting long-term oil investments in this region means carbon lock-in, hindering the goal of climate neutrality and diverting resources that should be allocated to renewable energy. It contends that, in a country highly vulnerable to extreme events—such as coastal erosion, sea-level rise, and more intense storms—oil expansion increases climate risks and contradicts national mitigation policies.
In the judicial decision, the court considered the climate arguments themselves, which were a relevant part of the debate, even though the action was subsequently extinguished due to loss of object.
- Arayara International Institute of Education and Culture
• Federal Union - Union.
• Brazilian Institute of Environment and Renewable Natural Resources (IBAMA)
• Chico Mendes Institute for Biodiversity Conservation
• National Agency for Petroleum, Natural Gas and Biofuels
The action seeks to protect a marine area located in the SPOT-AP2 Sector of the Potiguar Basin, on the coast of Northeast Brazil. This territory comprises oceanic zones located less than 100 km from the coast and adjacent to ecosystems of extremely high environmental importance, including seamounts such as Sirius, Touros, and Guará, recognized for their high biodiversity, geological richness, and strategic ecological function as biological corridors and breeding and feeding grounds for diverse marine species.
The region lies within a sensitive environmental mosaic, close to important conservation areas such as Atol das Rocas and the Fernando de Noronha archipelago, both UNESCO World Heritage Sites. These ecosystems provide habitat for sea turtles, sharks, marine mammals, migratory birds, and endemic species. Furthermore, the seamounts harbor unique biological communities that depend on stable and relatively undisturbed oceanic conditions.
Although it is a predominantly marine territory, its ecological dynamics are closely linked to the coastal human communities of Rio Grande do Norte and surrounding areas. Artisanal fishing, ecotourism, recreation, and traditional ways of life depend directly on the environmental quality of the coastline and the health of the marine ecosystem. Potential oil exploration in these blocks poses risks of pollution and spills that could affect the local economy, the food security of artisanal fishers, and the tourist appeal of beaches and protected areas.
The action, therefore, seeks to defend both sensitive marine ecosystems and the coastal communities that depend on them.
National laws
- Federal Constitution of 1988
- MMA/MME Joint Demonstration No. 2/2020
- Interministerial Order No. 1/202
- Petroleum Law (Law 9.478/1997)
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