Ministério Público Federal vs. União and others (Tapajós River Basin Committee)

On July 8, 2026, the Federal Public Prosecutor's Office (MPF) filed a Public Civil Action (ACP) with a request for urgent relief, against the Union, the National Water and Basic Sanitation Agency (ANA), the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA), the State of Pará, and the State of Mato Grosso. The suit was on the states’ omission in creating the Tapajós River Hydrographic Basin Committee, an instrument foreseen in the National Water Resources Policy to ensure decentralized, participatory and democratic water management.

The MPF argues that, despite the provisions of the National Water Resources Policy (Law 9.433/1997) and the goals established in the Strategic Plan for Water Resources of the Right Bank of the Amazon (PERH-MDA), the Committee was never established, which constitutes an omission by the Public Authorities and compromises the implementation of the instruments of the National Water Resources Policy, makes it impossible for potentially affected communities to participate in decisions on water management, and jeopardizes the survival of traditional peoples. It is alleged that this omission violates the principles of popular participation, prevention, precaution, and environmental protection. The MPF highlights that the Tapajós River Basin has high environmental, social, and economic importance, encompassing indigenous lands, conservation units, and traditional communities, in addition to concentrating large projects such as hydroelectric plants, waterways, ports, and mining activities, which intensify socio-environmental conflicts. The MPF further argues that the absence of the Committee compromises the governance of water resources and integrated planning on measures to mitigate and adapt to climate change. It also hinders the adoption of coordinated measures to address extreme hydrological events, such as severe droughts, exacerbated by the climate crisis, and increases the vulnerability of traditional populations, as well as the impacts resulting from the expansion of mining, mercury contamination, dredging, and the installation of large projects without the adequate participation of indigenous populations and traditional communities, in violation of ILO Convention 169. It is argued that the MPF promoted recommendations, public hearings, and various administrative negotiations with the competent bodies, without concrete measures being adopted for the creation of the Committee, evidencing persistent state omission.

In preliminary proceedings, the MPF requests: (i) the presentation, by the Union and ANA, of a work plan containing a schedule for the creation and installation of the Tapajós River Hydrographic Basin Committee, within the time frame set by the Court; (ii) if the obligation is not fulfilled, the suspension of the granting or renewal of water use permits and environmental licenses for medium and large-impact projects in the basin until the Committee is effectively established. On the merits, it is requested: (i) confirmation of the preliminary injunction; (ii) the defendants' conviction to create and definitively implement the Tapajós River Basin Committee in accordance with the relevant legislation; and (iii) the defendants' conviction to refrain from renewing or issuing new water use permits and operating licenses for medium and large-impact projects in the Tapajós River basin if the Committee is not duly installed and operational within one year of a court decision; (iv) the condemnation of the Union and ANA to pay collective moral damages in the amount of one million reais.