Brazilian Prosecutor’s Office seeks to annul Pontal do Paraná port installation permit

The Paraná State Prosecutor’s Office, along with its federal equivalent, have jointly filed a civil action to invalidate the preliminary installation permit given to Pontal do Paraná port, known as the Maralto Container Terminal. According to the lawsuit, the indigenous and traditional communities affected were not adequately contemplated in the Environmental Impact Study (EIA) and were not consulted through free, prior, and informed consent, as mandated by constitutional and international norms, including Convention 169 of the International Labor Organization (ILO).

The action, which includes a request for an injunction, targets Maralto Container Terminal S.A., Ibama (Brazilian Institute of Environment and Renewable Natural Resources), and Funai (National Foundation of Indigenous Peoples). Apart from seeking to annul the preliminary installation and operational permit, the Prosecutor’s Office seeks to prohibit the issuance of any new installation or operation licenses for the port terminal until the lawsuit is settled. To address the identified deficiencies, the public ministries have requested Funai to consult the local indigenous communities and prepare a new Indigenous Component Study (ECI) for the terminal.

Additionally, the public ministries requested Maralto Container Terminal to prepare an Environmental Impact Study for the terminal, ensuring comprehensive consultations with the affected communities. Finally, they called on Ibama to issue new Terms of Reference to Maralto and require a new EIA/Rima (Environmental Impact Assessment) for the port terminal post-consultation with affected communities, with Funai approving the new ECI.

Irregularities – According to the lawsuit, the EIA conducted by Maralto Container Terminal did not include a specific study of any of the traditional communities within the project’s area of influence—a region within an 8 km radius of the proposed port installation site. This area of influence is defined in Administrative Decree No. 60/2015, which governs administrative procedures regulating Funai and Ibama’s roles in environmental licensing processes, as explained by the public ministries.

Based on this reference, a technical report prepared by the MPF’s Research and Analysis Secretariat highlights that the project partially overlaps with the indigenous territories of Ilha da Cotinga and Sambaqui, as well as impacting 16 communities with traditional characteristics.

New License – Following the expiration of the installation license granted in 2015, Ibama initiated proceedings to issue a new permit for the Maralto Port Terminal. Despite a joint recommendation from the MPF and MPPR to prevent authorization issuance, Ibama proceeded to grant Installation License 1482/2023, published in January 2024. A subsequent joint recommendation from the public ministries was sent to Ibama, which did not comply with the request to annul the license granted to the project.

Source: Correio do Litoral

Click here to read the original news report: https://www.correiodolitoral.com/acao-do-mpf-e-mppr-pede-anulacao-de-licenca-para-o-porto-de-pontal-do-parana/79873

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