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The Federal Public Ministry Filed, on August 26, 2025, a Public Civil Action to Hold Petrobras, Ocyan, and Foresea Responsible for Environmental Damage Caused by Irregular Discharge of Pollutants into the Sea, with a Minimum Indemnification Request of R$ 308 Thousand and Remedial Measures.
The new action from the MPF seeks to hold Petrobras, Ocyan, and Foresea accountable for episodes of discharge of polluting substances that occurred between 2017 and 2023 in sensitive areas of the Campos and Santos Basins. According to the agency, the events prompted infraction notices from Ibama and reports indicating temporary and reversible environmental damage, still having negative impacts on marine biota. The request includes a minimum indemnification of R$ 308 thousand, an amount equivalent to the environmental fines imposed.
According to the MPF, the episodes occurred in installations and vessels linked to the companies and affected stretches of the coast of Rio de Janeiro and São Paulo. The action requests that the defendants be condemned to fully repair the damages and finance ecological compensation projects in the coastal zone. The process was disclosed this Tuesday, August 26, 2025.
The companies present different versions. Petrobras denies direct responsibility and attributes part of the events to contractors. Ocyan argues that, after a split in 2023, the liabilities related to the drilling unit passed to Foresea. Foresea, in turn, claims that its disposals follow regulations and that there were no significant environmental damages.
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MPF Details Irregular Discharges and Volumes in the Campos and Santos Basins
According to the petition, the factual basis relies on three infraction notices from Ibama. In 2017, there would have been a discharge of 0.036 m³ of oily mixture during operations in the NS-41-ODN I unit. In 2022, the vessel CBO Manoella recorded the discharge of 0.07 m³ of lubricating oil. In 2023, the dumping of 3.418 m³ of corrosion inhibitor chemical fluid was reported at the NS-32 (Norbe VIII) facility. All reports indicated temporary and reversible environmental damage, with negative impacts on marine biota.
The events affected areas near Saquarema, Cabo Frio, Armação dos Búzios, and Arraial do Cabo, known for their ecological sensitivity and for tourism and fishing activities. The action requests that the defendants adopt measures for environmental remediation and finance compensation actions aimed at the coastal environment.
In the request, the MPF emphasizes that the minimum indemnification of R$ 308 thousand corresponds to the fines from Ibama already imposed, but does not exhaust the possibility of other obligations to perform and refrain, typical of environmental responsibility actions. The priority, according to the agency, is to prevent the recurrence of episodes and restore ecological balance in the affected areas.
What Petrobras, Ocyan, and Foresea Say About the Public Civil Action
Petrobras claims that the cases are linked to contractors and that the company adopts strict environmental compliance standards. The state-owned company has reiterated, in statements and defense actions, that isolated incidents do not reflect its management practices, an argument it usually presents in litigation involving the Campos Basin and Santos Basin. In this action, according to the MPF, the state-owned company denied the allegations.
Ocyan claims that, after the restructuring completed in June 2023, its drilling unit became an independent company, Foresea, which is predominantly controlled by international funds. In practice, operations and liabilities related to drilling were transferred to the new company, while Ocyan continued with other offshore businesses. This separation is recognized in corporate communications and in coverage by CNN Brazil.
Foresea asserts that it operates with governance and waste control, disclosing goals for reuse and environmental management in its institutional channels. The company also emphasizes that the split in 2023 made it autonomous concerning the former drilling unit of Ocyan, with its own portfolio of rigs and contracts. These points appear in official informative materials and sector reports.
Indemnification of R$ 308 Thousand, Destination of Resources and Next Steps in Federal Court
The MPF requests minimum indemnification equivalent to the fines from Ibama and the mandatory allocation of the amount to ecological compensation projects aimed at the coastal environment. The request also includes obligations to perform, such as environmental recovery plans, measures for prevention of new occurrences, and operational adjustments when necessary.
From a legal standpoint, the action is based on the system of strict liability for environmental damage, which enshrines the polluter-pays principle and allows the judiciary to impose remedial measures regardless of fault. In similar cases, the judiciary has maintained significant condemnations in the Campos Basin, creating a precedent context that the MPF can invoke.
In March 2025, for example, the STJ upheld the condemnation of Petrobras to pay approximately R$ 36.2 million for environmental damages in processes distinct from the facts now pointed out, reinforcing a zero tolerance for spills and irregular disposals in the waters of Rio de Janeiro.
Why Campos and Santos Require Strict Monitoring
The Campos and Santos Basins concentrate platforms, rigs, and support vessels in areas of high biodiversity, close to conservation units and routes for artisanal fishing. Therefore, even events considered temporary and reversible by technical reports require rapid response, monitoring, and transparency of environmental data.
The combination of ocean currents, habitat sensitivity, and operational pressure typical of Brazilian offshore imposes disposal standards and waste treatment requirements set forth in regulations from Ibama and Conama, as well as licensing conditions. Non-compliance, even with small volumes, can generate cumulative effects in the marine food chain.
In this scenario, the public civil action acts as a mechanism for correction and dissuasion, forcing companies to internalize environmental costs and improve controls. The outcome of the case could define prevention parameters, contingency plans, and investments in effluent management technologies in operations along the southeast coast.
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