The Federal Prosecution Service (MPF) and the National Public Defender’s Office (DPU) have taken legal action to halt the commencement of operations at the Pecém Data Center, a project linked to TikTok, demanding in-depth environmental studies and indigenous consultation.
A legal battle is jeopardizing the operation of one of the largest digital infrastructures under development in Brazil. The Federal Prosecution Service (MPF) and the National Public Defender’s Office (DPU) have filed a public civil lawsuit seeking to suspend the operations of the Pecém Data Center, located in the port complex of Caucaia, in Ceará.
The measure aims to prevent the venture, associated with TikTok and developed by the company Omnia (part of Patria Investimentos), from starting its activities without meeting essential socio-environmental protection criteria.
The core of the controversy lies in the alleged failure of the licensing process conducted by the State Environmental Management Superintendence (Semace). The oversight bodies argue that the project was classified with an insufficient impact level.
This classification exempted the requirement for a full EIA-Rima (Environmental Impact Study and Report). The MPF and DPU contend that the scale of the project, which includes the use of 120 diesel generators and intensive water consumption, necessitates a much more rigorous assessment than the simplified report currently accepted.
Environmental Quandary and Indigenous Rights
The facility, projected to have a power capacity of 300 MW in an area of 70 hectares, is situated near the Anacé Indigenous Land and the Lagamar do Cauípe Environmental Protection Area.
According to the plaintiffs, the most significant omission in the process was the lack of free, prior, and informed consultation with the Anacé people, as mandated by International Labor Organization (ILO) Convention No. 169.
For the agencies bringing the lawsuit, the informational meetings held by the company do not hold legal validity to replace the formal protocol for dialogue with the community.
The concern is that the use of underground water resources in the region — historically marked by water scarcity — could jeopardize the water supply for families reliant on artisanal wells.
The objective is to rectify the identified licensing flaws before the commencement of activities, advocating for a controlled corrective licensing process to address the gaps before any irreversible damage occurs.
Operator’s Stance and Next Steps
In response, Omnia stated, via a press release, that its planning remains guided by transparency and compliance with Semace directives.
The company assured that it possesses all necessary licenses and is awaiting formal notification from the court to present its technical defense, expressing confidence in the legality of all construction phases already completed.
The future of the Pecém Data Center now hinges on a preliminary judicial decision that could halt the complex’s energization schedule.
As the judiciary evaluates the suspension request, the case underscores the ongoing debate on balancing the expansion of technological infrastructure with respect for territorial rights and natural resources in communities impacted by the energy and infrastructure sectors.
