Ministério Público Federal vs. J Filgueiras Empreendimentos e Negócios LTDA, Município de Paraty, Instituto do Patrimônio Histórico e Artístico Nacional, Estado do Rio de Janeiro (Licensing of the Emiliano SPA Hotel)

In July, 2025, the Federal Public Prosecutor's Office (MPF) filed a Public Civil Action (ACP) against J Filgueiras Empreendimentos e Negócios LTDA, the Municipality of Paraty, the National Institute of Historical and Artistic Heritage (IPHAN), and the State of Rio de Janeiro, alleging irregularities in the licensing process for the Emiliano Paraty Hotel Spa. The hotel, to be built on Itatinga Farm, would be located within the Cairuçu Environmental Protection Area (APA) in Paraty, Rio de Janeiro, and owned by J Filgueiras Empreendimentos e Negócios LTDA. The aim is to compel the licensing agencies to require an Environmental Impact Study and Environmental Impact Report (EIA-RIMA), including the climate variable in the project's licensing process, to annul the Installation License (LI) issued by the municipal entity, and to order the defendants to conduct a free, prior, and informed consultation (CPLI) pursuant to ILO Convention 169, as well as to pay collective moral damages. The author emphasizes that Caiçara, Indigenous, and Quilombola communities are directly and indirectly influenced by the project, which is also located within a UNESCO World Heritage Site, a federal conservation unit, and is located near archaeological sites and ruins recognized by IPHAN. Due to the scope of the impacts, the non-compliance with the APA zoning, and the failure to comply with the conditions imposed by ICMBIO, the MPF argues for the need to conduct an Environmental Impact Assessment (EIA-RIMA) and for the transfer of jurisdiction to the state entity. The author argues that climate impact assessments should be incorporated into environmental licensing processes, based on the finding that, to date, there are no specific requirements from environmental agencies within the State of Rio de Janeiro and the Municipality of Paraty to enforce the duties already imposed by current legislation to guide the monitoring and assessment of the climate impacts of activities and projects in environmental licensing processes. It is stated that the climate variable in licensing must ensure (a) assessment the impacts caused by the implementation, operation, and decommissioning of activities and projects on the climate—whether due to GHG emissions or the impact on local ecosystem services important for climate regulation—as well as the potential impacts of climate change on projects—from the perspective of adaptation; (b) the analysis of locational and technological alternatives; and (c) the adoption of mitigation and compensation measures at all phases of the project. Among the measures addressed, the plaintiff points out that solid waste and sewage treatment, water reuse, and solar energy generation should be considered, including as possible conditions for providing these same mechanisms to surrounding communities. For all these reasons, the MPF identifies a patently unlawful state of affairs, which is why it requests that the action be treated as a structural proceeding, since it seeks to restructure the defendants' activities. As a preliminary injunction, the following is requested: (i) the immediate suspension of the effects of Installation License No. 001/25, issued by the Municipality of Paraty, and that the company refrain from initiating works or interventions with the objective of constructing the project; (ii) that all defendants refrain from granting licenses, authorizations, or other acts that allow the execution of the project until the technical documents from ICMBio are analyzed, a reevaluation is carried out by IPHAN, and the CPLI is conducted; (iii) that the court establish a Judicial Monitoring Committee to adopt the necessary structural measures and prepare a definitive restructuring plan; (iv) that the EIA-RIMA be submitted and that the relevant agencies express their opinion on the licensing process and meet the conditions presented. In the final instance, among others, the following are requested: (i) confirmation of the requests submitted in urgent relief and that (ii) it be determined that the environmental licensing be carried out by the State of Rio de Janeiro or, subsidiarily, the Municipality of Paraty; (iii) that the licensing entity be obliged to carry out the CPLI observing the consultation protocols of the affected communities, paid for by the entrepreneur and (iv) to include the climate variable in the environmental licensing process, finally, (v) the defendants be ordered to pay collective moral damages. A preliminary decision was issued that partially granted the urgent requests to determine the suspension of the effects of the Installation License issued by the municipality of Paraty and the refrain from granting licenses, authorizations or other acts that allow the execution of the "Hotel Spa Emiliano" project until the due prior, free and informed consultation is carried out in accordance with ILO Convention No. 169 or until a new judicial determination, and, specifically, J Filgueiras Empreendimentos e Negócios LTDA, which refrains from starting works or interventions at Fazenda Itatinga with the objective of building the "Hotel Spa Emiliano" project.