Case Name: ADI 7467 (Atmospheric Emissions from Offshore Platforms)

Summary

This is a Direct Action of Unconstitutionality (ADI) with a request for a precautionary measure, filed by the Attorney General of the Republic against Resolution 501/2021 of the National Council for the Environment (CONAMA), which amended Resolution 382/2006 to remove the application of maximum limits for atmospheric pollutant emissions from fully electrified oil and gas platforms located beyond Brazilian territorial waters. It is alleged that the resolution suspended emission limits for pollutants and greenhouse gases established for electricity-generating turbines on offshore platforms, provided that each individual turbogenerator had a capacity of less than 100 MW, even if the total generation capacity of the platform exceeded this limit. It is argued that the rule promoted a true deregulation of environmental protection by excluding such projects from the previously existing objective parameters for controlling atmospheric emissions, making it impossible for IBAMA (Brazilian Institute of Environment and Renewable Natural Resources) to enforce such limits within the scope of environmental licensing. The petition points to the violation of the principles of prohibition of deficient protection, prohibition of environmental regression, prevention and precaution, as well as the fundamental right to an ecologically balanced environment and the state's duty of environmental protection provided for in Article 225 of the Federal Constitution. It is further argued that the absence of normative parameters for potentially polluting activities would compromise the performance of prior environmental impact studies and could lead to environmental damage that is difficult to repair. As a precautionary measure, the immediate suspension of the effectiveness of Resolution 501/2021 was requested and, on the merits, a declaration of its unconstitutionality for violating Articles 5, LIV, and 225, caput and § 1, IV and V, of the Federal Constitution.

In the judgment of ADI 7467, the Supreme Federal Court dismissed the claims made in the initial petition, concluding that CONAMA Resolution 501/2021 was constitutional. The Court understood that no violation of the principles of prohibition of deficient protection and prohibition of environmental regression had been demonstrated, nor the suppression of the essential core of the right to an ecologically balanced environment. It was considered that the normative change resulted from the need for regulatory adaptation to technological advances related to fully electrified offshore platforms and that the mere modification of environmental control parameters does not, in itself, imply an unconstitutional reduction in the level of environmental protection. Although it recognized weaknesses in the deliberative process that culminated in the issuance of the resolution, especially given the limitation of technical studies and the reduced participation of specialized bodies, the STF understood that such circumstances were not sufficient to justify declaring the norm unconstitutional. Nevertheless, the Plenary recommended that CONAMA, in improving the regulations, promote new technical studies, broaden the participation of bodies such as IBAMA and the Public Prosecutor's Office, and deepen the analysis of the environmental impacts resulting from the new technological reality of fully electrified offshore platforms.The judgment became final and unappealable.The file removal order was issued.

See more See less

Main norms mobilized

• Article 170 of the Federal Constitution (CRFB/88)
• Article 225 of the Federal Constitution (CRFB/88)
• Federal Constitution (CRFB/88)
• National Environment Policy Act - PNMA (Federal Law 6.938/1981)

Case timeline

Case documents