Court condemns the Federal Public Prosecutor’s Office for bad-faith litigation over oil exploration at the Amazon River Mouth, fining the agency R$ 39.7 million and closing the lawsuit.
A federal judge in Amapá has made an unprecedented decision by condemning the Federal Public Prosecutor’s Office (MPF) for bad-faith litigation in the complex case concerning the environmental license granted to Petrobras for oil exploration at the Amazon River Mouth. The ruling, which closes a specific lawsuit without a review of the merits, orders the MPF to pay a fine of R$ 39.7 million, corresponding to 5% of the value attributed to the case, estimated at R$ 793.3 million.
The magistrate determined that the MPF’s actions in the dispute exceeded the bounds of defending its arguments, characterized by procedural disloyalty. The condemnation stemmed from the agency having filed a new lawsuit regarding the same licensing, even though two other lawsuits on the same issue had been filed previously – one by the MPF itself and another in which it acted as co-plaintiff. The judge considered that opening a new process aimed to circumvent previous unfavorable court decisions, constituting an undue substitute for legal remedies.
The decision emphasizes that, although oil ventures involve multiple aspects—environmental, social, and economic—multiplying lawsuits on the same licensing is not the legally accepted path. The judge pointed out that the underlying intent of these lawsuits was the complete halt of oil exploration in the area, which, according to him, does not justify the procedural strategy adopted by the MPF.
In response to the verdict, the MPF stated that it is reviewing the ruling and will take appropriate legal action, without, however, anticipating what those actions would be before the conclusion of its internal analysis. This episode is one of rare instances of bad-faith convictions against the Public Prosecutor’s Office in Brazil, marking an important milestone in light of recent decisions by the Supreme Federal Court (STF) regarding the institution’s autonomy and independence.
Oil exploration in the Amazon River Mouth basin, in the so-called Equatorial Margin, is a strategic frontier for Petrobras, with the potential for high-quality discoveries comparable to those in the pre-salt layer. The area has been the subject of intense debate for over a decade, involving energy sovereignty, economic development, the rights of traditional communities, and environmental risks.
The environmental licensing for drilling the Morpho well, the subject of the dispute, was a long and complex process, initiated in 2014 and granted by Ibama only in October 2025, after numerous denials. The lawsuit now closed by the federal judge focused on fishermen and traditional communities in Pará, arguing that environmental impact studies and consultations with affected populations were insufficient.
Petrobras, for its part, defends the regularity of the licensing, emphasizing that the permit is for an exploratory well and that artisanal fishing occurs in distinct and shallower areas. Ibama, in its defense, listed several public hearings and technical meetings held to ensure social participation.
Despite the decision that closes this specific lawsuit for bad faith, other legal challenges to Petrobras’ licensing have occurred and are still ongoing. The license to drill the Morpho well remains valid, and the state-owned company has already obtained authorization to drill new wells in the region, signaling the continuity of exploratory work at the Amazon River Mouth. The case highlights the complexity and the legal and social clashes surrounding the exploration of energy resources in environmentally sensitive areas of socioeconomic importance for local communities.
