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The MPF Challenges The Environmental License Granted To Petrobras For Stage 4 Of The Pre-Salt And Points Out Lack Of Transparency, Environmental Risks, And Absence Of Consultation With Traditional Communities
The Federal Public Ministry (MPF) filed two public civil actions to annul the environmental license granted to Petrobras for Stage 4 of the Pre-Salt, in the Santos Basin. According to the agency, the licensing was concluded in a “rushed, secretive, and non-transparent” manner, without consulting traditional communities and with flaws in the analysis of socio-environmental risks. According to a report from Agência Brasil this Tuesday (2), the actions were filed after it was found that the authorization was issued in just 11 days, without public participation or communication to the MPF itself.
What Involves Stage 4 Of The Pre-Salt And The Environmental License?
The prosecution requests that the Justice suspend any new act related to the project until the irregularities are corrected. Additionally, it requests that a complementary Environmental Impact Study (EIA) be prepared and that Ibama, the Union, and Petrobras adopt protective measures for traditional populations that may be affected.
The oil company, on the other hand, claims to have followed all legal requirements and emphasizes that the project is strategic for the country’s energy security. Stage 4 of the pre-salt corresponds to the expansion of oil exploration and production activities in deep waters in the Santos Basin, one of the most important oil areas in Brazil.
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The preliminary license questioned by the MPF approves the location and design of Stage 4, granting preliminary environmental viability to the expansion of activities (the details of drilling, testing, and works depend on the next stages of licensing: LI and LO). According to Agência Brasil, the authorization was issued by Ibama in September 2025.
This type of licensing usually requires detailed analysis of environmental and social impacts, in addition to public consultations, especially when traditional communities may be affected by changes in fishing dynamics, maritime traffic, and contamination risks. The MPF states that none of this was adequately observed.
MPF’s Allegations About Failures In Environmental Licensing
Absence Of Consultation With Traditional Communities
One of the central axes of the lawsuits is the lack of prior, free, and informed consultation with traditional communities living in the northern coastal region of São Paulo and southern Rio de Janeiro.
Among them are artisanal fishermen, caiçaras, quilombolas, and indigenous peoples. These communities depend on the sea for their livelihoods, culture, income, and maintenance of their territories — including the so-called “maretórios,” traditionally used areas for fishing and gathering.
Convention 169 of the International Labor Organization, ratified by Brazil, requires that traditional populations be consulted whenever large-impact projects may alter their means of livelihood. The MPF states that this step simply did not occur. The lack of social participation is considered one of the most serious violations of the process.
Environmental Risks And Gaps In The Impact Study
The MPF also points out that the Environmental Impact Study used for the issuance of the license is insufficient. Among the cited flaws are the lack of robust analysis of impacts on marine biodiversity, oil spill risks, changes to migratory species routes, and effects on artisanal fishing.
Furthermore, the agency demands a review of emergency plans, arguing that the material presented does not adequately detail actions for containing accidents in sensitive areas.
Therefore, the prosecution requests that Ibama require a new, comprehensive, and specific EIA for Stage 4, incorporating risk scenarios and socio-environmental consequences.
“Secretive” Process Concluded In 11 Days
Another central point of the questioning is the extremely short time for technical assessment. According to the MPF, the 11-day processing time prevents any in-depth evaluation of the impacts and legal compatibility of the project. The MPF argues that the speed compromised transparency, technical quality, and the legitimacy of the environmental license.
The Defense Of Petrobras And The Justification For Urgency
Petrobras claims to have met all legal requirements and that the environmental licensing was conducted within the current regulations. The company highlights that it has a rigorous environmental compliance history and states that the Stage 4 project aligns with the Strategic Plan 2026–2030, which anticipates investments of US$ 109 billion.
The state-owned company emphasizes that the expansion of production in the pre-salt is essential to ensure the country’s energy security, particularly in light of growing demand and the need to maintain the industry’s international competitiveness. Additionally, it reinforces that its offshore operations follow international safety standards.
Social And Environmental Impacts At Stake For Petrobras
Rights Of Communities Surrounding The Pre-Salt
The lack of consultation directly affects the constitutional rights of traditional groups. Such communities have special protection because their ways of life are deeply linked to the environment.
If there are impacts on fishing, maritime circulation, or water quality, the consequences affect food security, income, and the continuation of century-old traditions.
Furthermore, Convention 169 mandates that large projects be discussed with these populations from the outset. The questioned licensing contradicted this guideline.
Biodiversity, Fishing, And Accident Risks
The Santos Basin is a complex region rich in biodiversity. It is home to migratory species, fish spawning routes, and sensitive ecosystems. Oil exploration, even with advanced technology, involves significant risks. An oil spill could affect coastal areas, harming local fauna and economy.
The MPF claims that the studies presented by the company did not adequately assess these risks. Therefore, the preparation of a complementary EIA is considered indispensable.
Legal And Institutional Consequences Of The MPF’s Request
If the Justice accepts the request, the environmental license will be annulled, preventing the continuation of Stage 4 until a new process is carried out, this time with community participation and revised studies. This could delay timelines, alter production planning, and require greater rigor in future licensing.
On the other hand, if the action is denied, it sets a precedent that may weaken socio-environmental protection instruments. Accelerated licenses without public consultation may become more frequent, which worries environmental organizations and entities defending traditional communities. Regardless of the outcome, the case raises questions about Brazilian environmental governance.
Relevance Of The MPF And Petrobras Case
The conflict between pre-salt expansion, environmental requirements, and social rights reveals a fundamental dispute for the country’s future. On one side, the need to ensure energy, investments, and Petrobras’s competitiveness. On the other, the obligation to protect vulnerable communities and preserve marine ecosystems.
The MPF’s action reinforces that transparency, social participation, and technical rigor are indispensable pillars for the legitimacy of environmental licensing. Meanwhile, Petrobras maintains that it complies with the law and that the project is crucial for the development of the energy sector.
The judicial outcome could redefine practices in the sector, raise the standard of environmental studies, and increase social participation in strategic projects. For society, the case is symbolic: it shows how environmental decisions can affect not only economic growth but also human rights and the protection of natural resources.
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