Case Name: Ministério Público Federal vs. União Federal e outros (Pulp and paper industrial complex - Nature Project)

Summary

This is a Public Civil Action (ACP), with a request for provisional relief, filed by the Federal Public Prosecutor's Office (MPF) against the Federal Government (Ministry of Fisheries and Aquaculture), the National Foundation for Indigenous Peoples (FUNAI), the National Institute for Colonization and Agrarian Reform (INCRA), the Henrique Roessler State Environmental Protection Foundation (FEPAM), and CMPC Celulose Riograndense Ltda., due to alleged irregularities in the environmental licensing process of the project called "Projeto Natureza," aimed at the implementation of a pulp and paper industrial complex and associated logistics structures in the municipality of Barra do Ribeiro/RS. The action seeks the suspension of the environmental licensing until the Prior, Free and Informed Consultation (CPLI) of the affected communities is carried out, the environmental studies are completed, and any administrative acts issued in violation of Convention 169 of the International Labour Organization (ILO) and environmental legislation are halted. The Federal Public Prosecutor's Office (MPF) argues that the Environmental Impact Assessment and Report (EIA-RIMA) presented by CMPC contains omissions and methodological inconsistencies that prevent the adequate identification and measurement of the socio-environmental, territorial, and climatic impacts of the project on the Mbya Guarani and Kaingang indigenous peoples, quilombola communities, artisanal fishermen, and other traditional peoples and communities of the Guaíba Lake, Lagoa dos Patos, and Pampa Biome hydrographic basin. The author argues that disregarding the cumulative effects on the Pampa biome, water resources, and traditional territories compromises ecosystems relevant to regional climate balance, in addition to making invisible the disproportionate impacts borne by traditional peoples and communities. It emphasizes that these communities have special protection under the Federal Constitution and the mandates of Advisory Opinion 32/2025 (PC-32/2025) of the Inter-American Court of Human Rights (IACHR). It also raises arguments related to environmental and climate justice, arguing that Indigenous peoples, quilombola communities, and artisanal fishermen will bear the brunt of the environmental and territorial burdens of the project, without adequate participation in decision-making processes and without full access to the environmental information necessary for the exercise of self-determination. In summary, the preliminary injunction requests the suspension of environmental licensing until prior, free, and informed consultations are held; that FEPAM refrain from issuing licenses without the conclusion of the consultations; the preparation of specific work plans and terms of reference for the Indigenous, quilombola, and traditional peoples and communities components; that CMPC cover the costs of consultation activities and independent technical assistance; and that the conclusions of the consultations be linked to the institutional position of the competent public bodies. On the merits, the request seeks confirmation of the preliminary injunctions; a declaration of nullity of any licenses issued without prior consultation; and the cessation of the material activities of the Nature Project. and the establishment by the entrepreneur of safeguards listed in the initial petition in relation to areas already cultivated or that will be used by the enterprise. It is requested that the Protocol for Judgment with a Racial Perspective of the National Council of Justice (CNJ) be observed in the analysis of the claim.

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Main norms mobilized

• Article 170 of the Federal Constitution (CRFB/88)
• Article 225 of the Federal Constitution (CRFB/88)
• Article 231 of the Federal Constitution (CRFB/88)
• CONAMA Resolution 1/1986
• CONAMA Resolution 511/2025
• Framework Law on Environmental Licensing – LGLA (Federal Law 15.190/2025)
• ILO Convention 169 (Federal Decrees 5.051/2004 and 10.088/2019)
• National Environment Policy Act - PNMA (Federal Law 6.938/1981)
• National System of Conservation Units Law - SNUC (Federal Law 9.985/2000)
• National Water Resources Policy (Federal Law 9.433/1997)
• Paris Agreement (Federal Decree 9.073/2017)

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