Case Name: Observatório do Clima vs. DNIT (BR-319 and Exemption from Environmental Licensing)

Summary

This is a Public Civil Action filed by the Climate Observatory against the National Department of Transport Infrastructure (DNIT), due to the attempted execution of reconstruction and paving works on the so-called "middle section" of the BR-319/AM highway without the completion of the regular environmental licensing process conducted by IBAMA (Brazilian Institute of Environment and Renewable Natural Resources). The controversy arose after DNIT unilaterally classified the interventions as mere "maintenance and improvement services" of a previously existing highway, based on Article 8, item VII, of Law No. 15.190/2025, a provision that exempts certain infrastructure works from environmental licensing. Based on this understanding, Electronic Bidding Processes No. 90127, 90128, 90129 and 90130/2026 were published for contracting the works. The Climate Observatory argues that the framework established by DNIT (National Department of Transport Infrastructure) is incompatible with the size and environmental impacts of the project, since the BR-319 highway crosses an area of high ecological sensitivity in the Amazon and has a history of requiring an Environmental Impact Assessment/Environmental Impact Report (EIA/RIMA) by IBAMA (Brazilian Institute of Environment and Renewable Natural Resources) itself. The action highlights that the paving of the highway tends to intensify deforestation, greenhouse gas (GHG) emissions, land grabbing, irregular occupation, and loss of biodiversity, which is why the exemption from environmental licensing would constitute a violation of Article 225 of the Federal Constitution and the principles of prevention and environmental precaution. Therefore, it requests, primarily as an urgent measure and subsequently on the merits: (i) the annulment of Electronic Bidding Processes No. 90127, 90128, 90129 and 90130/2026, as well as related administrative acts; (ii) the determination that DNIT refrain from carrying out any reconstruction and paving works on BR-319 until the full completion of the environmental licensing process with Ibama; and (iii) the immediate suspension of the bidding processes and all acts resulting from them.

In an interlocutory decision from April 2026, the 7th Federal Environmental and Agrarian Court of the Judicial Section of Amazonas recognized the relevance of the controversy and the urgency of the situation. The court emphasized that the BR-319 highway is a project historically considered to have a significant environmental impact and that environmental licensing is an essential instrument for prevention, transparency, and control of the project's socio-environmental impacts. Furthermore, it considered that the requirements for granting partial urgent relief were present, especially given the proximity of the bidding sessions and the possibility of consolidating administrative contracts involving approximately R$ 678 million. It was considered that the documents presented demonstrated relevant evidence of incompatibility between the magnitude of the works and their classification as simple road maintenance. Therefore, the injunction was partially granted to suspend the effects of Electronic Bidding Processes No. 90127, 90128, 90129 and 90130/2026 and related administrative acts until further analysis of the controversy after a statement from DNIT and the competent environmental agencies.

A decision was issued by the Presidency of the Federal Regional Court of the 1st Region in response to a request for Suspension of Preliminary Injunction and Judgment filed by DNIT (National Department of Transport Infrastructure) and the Union, in an action related to the maintenance works on the BR highway. The Presidency of the TRF1 understood that the requirements for suspending the first-instance decision that ordered the halting of electronic auctions for the highway maintenance were present, recognizing potential harm to administrative public order, the public economy, public safety, and public health. The decision also admitted the Union as a co-litigant assistant to DNIT and reinstated the regular processing of the bidding processes, maintaining the suspension of the effects of the preliminary injunction until the final judgment of the original public civil action.

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Main norms mobilized

• Article 225 of the Federal Constitution (CRFB/88)
• Complementary Law 140/2011
• CONAMA Resolution 237/1997
• Framework Law on Environmental Licensing – LGLA (Federal Law 15.190/2025)

Case timeline

Case documents