Instituto Arayara, Associação dos Agricultores e Agricultoras Remanescentes de Quilombo de Córrego de Ubaranas and ARQCSAD v. ANP and the Federal Government

On December 7, 2023, the NGO Instituto Arayara and two associations of Quilombola people filed a public civil action (environmental class-action) against the National Agency for Petroleum, Natural Gas and Biofuels (ANP) and the Federal Government. This lawsuit is part of a set of 6 environmental class-actions filed against the 4th Bid Cycle for oil exploration blocks. The plaintiffs argue that the inclusion of a set of blocks located in the Mucuri, Potiguar, and Alagoas Basins is illegal, as they overlap with Quilombola’s Lands and Areas of Direct Influence of Quilombola’s Lands and there was no prior, free and informed consultation process. They claim this is a case of environmental racism, since the proximity of the exploration blocks to Quilombola’s Lands poses risks to health, the environment and the use of the territory by the peoples who live there. They state that the climate crisis scenario requires an energy transition towards clean energies and a reduction in GHG emissions, which is incompatible with the expansion of oil exploration. Furthermore, they affirm that Quilombola’s Lands are essential for combating this crisis, as they are barriers against deforestation and forest degradation. As a preliminary injunction, the plaintiffs request the suspension of the offer of the contested exploration blocks in the 4th Bid Cycle until the protection of quilombolas rights is observed. On a definitive basis, they request that the contested blocks be excluded from the Bid Cycle until the affected quilombola people are consulted.