Federal Public Prosecutor’s Office vs. Federal Union and Others

In May 2026, the Federal Public Prosecutor's Office (MPF) filed a Public Civil Action (ACP) with a request for provisional relief 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." The project aims to implement 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 other 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 plaintiff 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 that environmental licensing be suspended until prior, free, and informed consultations are held; FEPAM refrain from issuing licenses without the conclusion of the consultations; CMPC cover the costs of consultation activities and independent technical assistance; that the conclusions of the consultations be linked to the institutional position of the competent public bodies; and the preparation of specific work plans and terms of reference for the Indigenous, quilombola, and traditional peoples and communities components.

On the merits, the request seeks confirmation of the preliminary injunctions; a declaration of nullity of any licenses issued without prior consultation; the cessation of the material activities of the Nature Project and the establishment 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.