In June, 2026, the Federal Public Prosecutor's Office (MPF) and the Public Prosecutor's Office of the State of São Paulo (MPSP) filed a Public Civil Action (ACP) against the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) and Petróleo Brasileiro SA (Petrobras), seeking the suspension and subsequent annulment of Preliminary License (LP) No. 672/2025, granted for the Production and Flow of Oil and Natural Gas from the Pre-Salt Pole of the Santos Basin – Stage 4. 

The plaintiffs start from the premise that the climate emergency is an undeniable reality and that its effects have already victimized and continue to affect millions of people, generate losses and damages, and have a tendency towards exponential escalation. They highlight scientific conclusions on the subject and the occurrence of several recurring extreme events influenced by climate change that have affected the country, as well as the possibility of exceeding the point of no return for natural systems. It is argued that the scenario can be addressed through measures that generate changes in production and consumption patterns by developing public policies and rigorously licensing the most impactful activities. The emission reduction commitments that Brazil made under the Paris Agreement and the Climate Plan are highlighted, as is the need to reduce the use of coal, oil, and natural gas to achieve the Agreement's goals. Furthermore, it is emphasized that the historical burning of fossil fuels is the central cause of the climate crisis, that current emissions would already exhaust the remaining carbon budget for meeting the Paris Agreement targets, and therefore, the exploitation of these fuels must be carried out in an environmentally responsible manner. Their impacts must be rigorously accounted for, evaluated, mitigated, and compensated. It is pointed out that the scenario of net-zero emissions by 2050 is incompatible with the opening of new fossil fuel extraction projects and that the energy sector is responsible for a large part of Brazil's emissions. 

Given this, the text discusses the need to consider climate impacts in the licensing of oil and gas activities. The authors argue that the Santos Basin project has significant impacts on the climate system and that its environmental viability was not adequately demonstrated in the licensing process, especially due to the insufficient consideration of greenhouse gas emissions and scope 3 emissions. They allege that Petrobras failed to comply with technical requirements formulated by IBAMA itself regarding climate monitoring, mitigation, compensation, and adaptation, as well as the demonstration of the project's compatibility with national and international climate goals. Furthermore, they argue that the issuance of the license violated due environmental legal process, the fundamental right to a stable climate, the principles of prevention and precaution, the polluter-pays principle, climate justice, and the rights of present and future generations. Advisory Opinion 32/2025 (PC-32/2025) of the Inter-American Court of Human Rights (IACHR) and the 2025 Advisory Opinion of the International Court of Justice (ICJ) on climate are cited in the legal basis. The petition requests, as an urgent measure, the suspension of the effects of the Preliminary License until the requirements made by IBAMA are met by the developer; or, subsidiarily, that IBAMA not issue an Installation License until these requirements are fully met. On the merits, the petition requests the annulment of the Preliminary License; the condemnation of IBAMA to a non-issue obligation, consisting of not issuing a new Preliminary License until compliance with all requirements is proven. Subsidiarily, it requests that IBAMA be condemned to a non-issue obligation consisting of not issuing an Installation License for the project in question until compliance with the requirements is proven.

MPF and MPSP vs. Petrobras and IBAMA (Stage 4 of the Pre-Salt)

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MPF and MPSP vs. Petrobras and IBAMA (Stage 4 of the Pre-Salt) - complaint

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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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

Finance that is primarily directed towards climate change adaptation, including increasing resilience and robustness to actual or expected climate change and its effects.

Dedicated pool of financial resources for climate-related projects.

A company that is owned wholly or partially by the state, typically operating in key sectors.

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

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

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions to adapt human health, healthcare systems and well-being to climate change.

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

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

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Replacing technologies that burn fossil fuels directly with alternatives powered by electricity.

Actions to reduce emissions in energy generation and supply.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

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.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

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.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

People with different national or cultural traditions from the dominant population

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

People who have left their homes, whether through force, voluntarily, or a mixture of both

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

The activities of industries that transforms raw materials into finished goods through industrial processes.

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

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

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.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

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

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

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

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

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.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

MPF and MPSP vs. Petrobras and IBAMA (Stage 4 of the Pre-Salt) - complaint

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance