The Conama has approved a motion of concern addressed to the STJ regarding the environmental risks of fracking, advocating for the precautionary principle and strict regulation for unconventional resources.
The National Council for the Environment (Conama) has formally issued a warning to the Superior Court of Justice (STJ) regarding the use of hydraulic fracturing, a technique known as fracking, for oil and gas extraction.
The document, approved in the form of a motion of concern, aims to support the ruling of IAC 21, a legal proceeding that will establish the regulatory guidelines for the exploration of unconventional fossil fuels throughout the country.
The council’s statement comes amid heated debates within the government as it seeks to balance energy market expansion with commitments to environmental protection and combating climate change.
Political pressures and retreat from the original text
The initial proposal drafted by environmental organizations called for the complete rejection of the method in Brazil. However, negotiations promoted by the Ministry of Mines and Energy (MME) resulted in a softening of the final terms.
Under the leadership of the executive secretary of the Ministry of Environment and Climate Change (MMA) and council president, João Paulo Capobianco, a consensus was reached to remove the explicit ban from the approved draft.
Despite this flexibility, the opinion sent to the judiciary highlights severe hazards regarding aquifer contamination, the generation of pollutant waste, and methane emissions, one of the most harmful gases driving global warming.
Decisive ruling at the STJ
The submission of the motion responds to a request by the court’s rapporteur on the matter, Justice Afrânio Vilela. The magistrate postponed the evaluation of the legal thesis to incorporate the environmental agency’s technical considerations into the proceeding.
The court’s decision will set a precedent regarding the requirement for a Sedimentary Area Environmental Assessment (AAAS) prior to bidding rounds conducted by the National Agency of Petroleum, Natural Gas and Biofuels (ANP).
In addition, the justices will determine whether current agency rules guarantee necessary water protection and whether the licensing of these activities should fall under the authority of Ibama or state-level agencies.
Civil society mobilization
The approval of the motion was driven by the joint advocacy of the National Association of Municipalities and Environment (Anamma) and the Arayara International Institute, which are campaigning for a ban on the technology in the country.
For environmental leaders, the council’s direction reinforces the need for rigorous caution when granting new exploratory blocks in onshore basins.
Urias de Moura Bueno Neto, Environmental Manager at Arayara, stated:
Conama’s statement is fundamental because it brings the position of the country’s primary environmental council to the STJ, reinforcing that a decision of this magnitude must consider the precautionary principle in the face of the uncertainties and risks associated with fracking.
Civil society organizations continue to legally challenge the inclusion of areas with unconventional potential in ANP auctions, citing environmental uncertainties and severe impacts on local communities.
The judiciary’s verdict will be a watershed moment for the sector’s regulatory security and for Brazil’s goals regarding a fair energy transition.
Defining strict standards reinforces the country’s role in pursuing a model of economic development allied with the protection of strategic natural resources.
