Interlocutory decision granting partial injunction

In April 2026, the Climate Observatory (Observatório do Clima) filed a Public Civil Action against the National Department of Transport Infrastructure (DNIT), due to the attempted execution of reconstruction and paving works on the so-called "middle section" of the BR-319/AM highway without the completion of the regular environmental licensing process conducted by IBAMA (Brazilian Institute of Environment and Renewable Natural Resources). 

The controversy arose after DNIT unilaterally classified the interventions as mere "maintenance and improvement services" of a previously existing highway, based on Article 8, item VII, of Framework Law on Environmental Licensing (Law No. 15.190/2025), a provision that exempts certain infrastructure works from environmental licensing. Based on this understanding, Electronic Bidding Processes No. 90127, 90128, 90129 and 90130/2026 were published for contracting the works. 

The Observatório do Clima argues that the framework established by DNIT (National Department of Transport Infrastructure) is incompatible with the size and environmental impacts of the project, since the BR-319 highway crosses an area of high ecological sensitivity in the Amazon and has a history of requiring an Environmental Impact Assessment/Environmental Impact Report (EIA/RIMA) by IBAMA (Brazilian Institute of Environment and Renewable Natural Resources) itself. The action highlights that the paving of the highway tends to intensify deforestation, greenhouse gas (GHG) emissions, land grabbing, irregular occupation, and loss of biodiversity, which is why the exemption from environmental licensing would constitute a violation of Article 225 of the Federal Constitution and the principles of prevention and environmental precaution. Therefore, it requests, primarily as an urgent measure and subsequently on the merits: (i) the annulment of Electronic Bidding Processes No. 90127, 90128, 90129 and 90130/2026, as well as related administrative acts; (ii) the determination that DNIT refrain from carrying out any reconstruction and paving works on BR-319 until the full completion of the environmental licensing process with IBAMA; and (iii) the immediate suspension of the bidding processes and all acts resulting from them.

In an interlocutory decision from April 2026, the 7th Federal Environmental and Agrarian Court of the Judicial Section of Amazonas recognized the relevance of the controversy and the urgency of the situation. The court emphasized that the BR-319 highway is a project historically considered to have a significant environmental impact and that environmental licensing is an essential instrument for transparency and control of the project's socio-environmental impacts. Furthermore, it was considered that the requirements for granting partial urgent relief were present, especially given the proximity of the bidding sessions and the possibility of consolidating administrative contracts involving approximately R$ 678 million. It was considered that the documents presented demonstrated relevant evidence of incompatibility between the magnitude of the works and their classification as simple road maintenance. Therefore, the injunction was partially granted to suspend the effects of Electronic Bidding Processes No. 90127, 90128, 90129 and 90130/2026 and related administrative acts until further analysis of the controversy after a statement from DNIT and the competent environmental agencies.

A decision was issued by the Presidency of the Federal Regional Court of the 1st Region in response to a request for Suspension of Preliminary Injunction and Judgment filed by DNIT (National Department of Transport Infrastructure) and the Union, in an action related to the maintenance works on the BR highway. The Presidency of the TRF1 understood that the requirements for suspending the first-instance decision that ordered the halting of electronic auctions for highway maintenance were present, recognizing potential harm to administrative public order, the public economy, public safety, and public health. The decision also admitted the Union as a co-litigant assistant to DNIT and reinstated the regular processing of the bidding processes, maintaining the suspension of the effects of the preliminary injunction until the final judgment of the original public civil action.


Climate Observatory vs. DNIT

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Climate Observatory vs. DNIT - ruling

Filed

Brazil

Amazonas

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Using laws and the legal system more broadly to protect vulnerable entities

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt terrestrial systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Households employing domestic workers, for activities like cooking, cleaning and subsistence farming, for their own use.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

This sector involves activities to move goods and people, alongside the storage of products.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities that relate to the production of goods and services from forests.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Climate Observatory vs. DNIT - ruling

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance