Case Name: Instituto Arayara vs. ANP e União Federal (Early Production of Evidence on Oil and Gas Auctions)

Summary

This is an independent action for the early production of evidence filed by the Arayara International Institute of Education and Culture against the National Agency of Petroleum, Natural Gas and Biofuels (ANP) and the Federal Government, seeking clarification on the climate impact of their offers of blocks for oil and gas exploration. It is argued that the main reason for climate change is the emission of greenhouse gases (GHG) generated by human activities, primarily the combustion of fossil fuels (oil, coal, and natural gas). Therefore, the aim is to verify whether the Brazilian government and the ANP are fulfilling their obligations to estimate and mitigate GHG emissions from their exploration block offers. It is alleged that these emissions could compromise Brazil's compliance with the targets assumed under the Paris Agreement, which have been incorporated into Brazilian law with supralegal status. In light of the global climate crisis, it is argued that oil and gas exploration contradicts the objectives of national energy policy, which includes environmental protection and the mitigation of GHG emissions. The author states that, despite the seriousness of the situation, there is no transparency regarding the calculations or estimates of emissions associated with the offerings of oil and gas exploration blocks made by the ANP (National Agency of Petroleum, Natural Gas and Biofuels), nor regarding mitigation plans. Therefore, the aim is to obtain the necessary information to assess these impacts and, potentially, avoid the need for subsequent legal action to correct the country's energy policies. Specifically, the goal is to clarify whether the Federal Government (i) estimates the GHG emissions potentially generated by the offering of oil and gas exploration blocks in ANP auctions at the time of or prior to the publication of the offer notice; (ii) calculates how the emissions resulting from the oil and gas exploration of the offered blocks, if acquired, may affect compliance with Brazil's NDC (National Consumer Price Index) and the Paris Agreement. (iii) has some type of calculation or analysis on how emissions resulting from the burning of Brazilian oil exported to other countries affect the climate balance; (iv) has a plan to mitigate emissions from oil and gas exploration in the blocks offered by the ANP; and (v) takes these emissions into account when establishing the country's energy policy. It is requested that the early production of evidence be granted so that the defendants may present the required documents and information.

A single-judge decision was issued recognizing the declination of jurisdiction and ordering the redistribution of the case to the 4th Federal Court of the Judicial Section of Rio Grande do Norte. The Arayara Institute filed a Motion for Clarification against this decision, and the request for reconsideration was granted, rendering the declination of jurisdiction ineffective.

In its defense, the ANP argued that Future energy sources will still include oil and natural gas. He stated that the ANP (National Agency of Petroleum, Natural Gas and Biofuels) only executes public policies in the energy sector, not being responsible for their creation, and therefore, the requests in the lawsuit should be directed to the policy-making body, the National Council for Energy Policy (CNPE). Finally, he argued that the offering of blocks for oil and natural gas exploration and production, in itself, does not have the effect of emitting greenhouse gases, since there is no guarantee of the occurrence of deposits in these regions and, therefore, it would not be possible to estimate in advance the emissions from any production in the auctioned block.

In its response, the Union indicated, for the presentation of information, Information Note No. 34/2024/DEPG/SNPGB, from the National Secretariat of Petroleum, Natural Gas and Biofuels (SNPGB), of the Ministry of Mines and Energy. In summary, the following responses were formulated: (i) GHG emissions are calculated indirectly, based on existing activities and historical data, and the evaluation of an oil or natural gas discovery only takes place in an area under an exploration and production contract; (ii) the official means of verifying the national target is the National Inventory of GHG Emissions and Removals, which is periodically submitted to the UNFCCC; (iii) the calculations on national GHG emissions from the energy sector, prepared by both ANP and EPE, do not account for emissions from the future use of exported oil, as these emissions are accounted for by the countries that import the oil; (iv) Brazil has established projects, activities, programs, and policy measures to monitor and mitigate its emissions, monitor impacts, and adapt to climate change; (v) the deliberations of the CNPE, the body for the formulation of energy policies and guidelines, are carried out based on studies, assessments, and technical documents from government bodies and entities in the energy sector, and these documents do not include data on potential emissions. The dismissal of the action without prejudice was requested due to the failure to attach an essential document, lack of standing, and lack of procedural interest, and, subsidiarily, should the Court not agree with this understanding, that the exhaustion of the procedure be recognized, in view of the information presented through the Information Note.

In the ruling, after the presentation of information provided by the defendants and the plaintiff's request for dismissal of the case, the judge approved the withdrawal request and dismissed the case without prejudice. The parties were notified, and the case was archived, with no further appeal possible.

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Main norms mobilized

• National Policy on Climate Change Act - PNMC (Federal Law 12.187/2009)
• Paris Agreement (Federal Decree 9.073/2017)
• United Nations Framework Convention on Climate Change - UNFCC (Federal Decree 2.652/1998)

Case timeline

Case documents