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Samuel Almeida da Silva vs. IBAMA (Preventive invalidation of licenses for oil exploration at the mouth of the Amazon River) - petition

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Samuel Almeida da Silva vs. IBAMA (Preventive invalidation of licenses for oil exploration at the mouth of the Amazon River) - reply

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Samuel Almeida da Silva vs. IBAMA (Preventive invalidation of licenses for oil exploration at the mouth of the Amazon River) - judgment

Filing Year For Action

On November 27, 2023 Samuel Almeida da Silva filed a preventive Popular Action against the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) regarding the request for an environmental license to explore the FZA-M-59 oil block, located at the mouth of the Amazon River, off the coast of the state of Amapá, requested by Petrobras SA. It is stated that the company's request was denied due to several inconsistencies and that the licensing process documents indicate the possibility that a potential oil spill could reach the coast of eight countries, in addition to two French territories. It argues that, beyond the specific impacts of the production and transportation project, the installation of the oil and gas industry would promote an extensive chain of related ventures. It is alleged that exploration at the mouth of the Amazon River would trigger the drilling of more than 40 blocks off the coast of the North and Northeast regions of the country, which would go against global ambitions to reduce the use of fossil fuels. There is a global effort to modify the energy matrix towards sources other than oil and coal, which are the main causes of high greenhouse gas (GHG) emissions. Given this scenario, the exploration of oil blocks puts the local ecosystem and climate balance at risk. The author argues that denying the environmental license for the project is a way to protect the collective right to an ecologically balanced environment, fulfilling article 225 of the Brazilian Federal Constitution of 1988. The author requests the invalidation of any license that authorizes oil exploration in the Amazon River estuary. 

On January 2nd, IBAMA filed its defense alleging the initial petition was flawed due to a lack of specification of the facts and legal basis for the request, and that there was no act to be annulled, as no activity is being carried out in the area of interest of the lawsuit. Regarding the FZA-M-59 exploration block, it alleged that the environmental license was denied and that an appeal is under review. It requested, preliminarily, the dismissal of the case without prejudice. On the merits, it requested the complete dismissal of the claims. 

On June 5, 2025, a judgment was issued dismissing the initial petition and declaring the case closed without prejudice. The court held that there was no administrative act to be annulled or invalidated, since the plaintiff was seeking the invalidation of an environmental license that had not even been issued or, potentially, of a license that may be issued in the future.

Samuel Almeida da Silva vs. IBAMA (Preventive invalidation of licenses for oil exploration at the mouth of the Amazon River)

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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.

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

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

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.

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

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

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

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

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

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.

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

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

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

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.

On November 27th 2023 Samuel Almeida da Silva filed a preventive Popular Action against the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) regarding the request for an environmental license to explore the FZA-M-59 oil block, located at the mouth of the Amazon River, off the coast of the state of Amapá, requested by Petrobras SA. It is stated that the company's request was denied due to several inconsistencies and that the licensing process documents indicate the possibility that a potential oil spill could reach the coast of eight countries, in addition to two French territories. It argues that, beyond the specific impacts of the production and transportation project, the installation of the oil and gas industry would promote an extensive chain of related ventures. It is alleged that exploration at the mouth of the Amazon River would trigger the drilling of more than 40 blocks off the coast of the North and Northeast regions of the country, which would go against global ambitions to reduce the use of fossil fuels. There is a global effort to modify the energy matrix towards sources other than oil and coal, which are the main causes of high greenhouse gas (GHG) emissions. Given this scenario, the exploration of oil blocks puts the local ecosystem and climate balance at risk. The author argues that denying the environmental license for the project is a way to protect the collective right to an ecologically balanced environment, fulfilling article 225 of the Brazilian Federal Constitution of 1988. The author requests the invalidation of any license that authorizes oil exploration in the Amazon River estuary. 

On January 2nd IBAMA filed its defense alleging the initial petition was flawed due to a lack of specification of the facts and legal basis for the request, and that there was no act to be annulled, as no activity is being carried out in the area of interest of the lawsuit. Regarding the FZA-M-59 exploration block, it alleged that the environmental license was denied and that an appeal is under review. It requested, preliminarily, the dismissal of the case without prejudice. On the merits, it requested the complete dismissal of the claims. 

On June 5th 2025, a judgment was issued dismissing the initial petition and declaring the case closed without prejudice. The court held that there was no administrative act to be annulled or invalidated, since the plaintiff was seeking the invalidation of an environmental license that had not even been issued or, potentially, of a license that may be issued in the future.

Samuel Almeida da Silva vs. IBAMA (Preventive invalidation of licenses for oil exploration at the mouth of the Amazon River) - petition

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Finance