Amazonas: Judge decides that Ipaam can release potassium exploration

Judge Flávio Jaime de Moraes Jardim, from TRF1 (Federal Regional Court of the 1st Region), handed down two decisions that guarantee Ipaam (Institute for Environmental Protection of Amazonas), a state body, the authority to license the exploration of potassium in Autazes, in the Region Manaus Metropolitan.

The decisions were handed down and appeals filed by the company Potássio do Brasil, from the Canadian bank Forbes & Manhattan, which has been trying to make the project viable for six years, and by Ibama, a federal body, which was recognized by the Federal Court of Amazonas as the competent body to carry out the project. licensing.

Pointed out as a solution to Brazil’s dependence on fertilizers from other countries, the exploration of potassium in Autazes has mainly come up against indigenous issues. The MPF (Federal Public Ministry) claims that the project impacts indigenous people of the Mura ethnic group. The place where they live, however, is not yet demarcated.

Ibama appealed the decision of judge Jaiza Fraxe, from February 2023, which recognized the federal authority as the competent body to license the project. The institute maintained that it has no legal authority to conduct the licensing, as the project “is not located on indigenous land”. For Ibama, the task must be carried out by Ipaam.

When analyzing the case, on Sunday, Flávio Jardim maintained that “everything seems to converge towards the maintenance of licensing” by Ipaam. He said the project “does not appear to have direct impacts on any indigenous community.” “The activity undertaken, based on the data produced so far, is not located within indigenous land”, said the judge.

For Jardim, Ibama has “supplementary competence” and can intervene in the licensing process “at any time if it sees that environmental interests are not receiving due attention and protection from the state environmental agency”. He considered that Ibama itself understands that licensing through Ipaam is legitimate.

“I support the anticipation of the appeal to suspend the effects of the decision (…) in the part in which it determined that the environmental licensing of the ‘Projeto Potássio Amazonas Autazes’ be carried out by IBAMA and not by the Institute of Environmental Protection of Amazonas – IPAAM, until later decision, establishing the competence of the state body”, says an excerpt from Jardim’s decision.

In another appeal, filed by Potássio do Brasil, the judge authorized the continuation of environmental licensing by Ipaam. The company appealed a decision that recognized that the license can only be granted by Ibama after consultation with indigenous peoples and with authorization from the National Congress and that declared null and void any act that does not meet these requirements.

“I partially grant the requested injunction to, as decided in Suspension Request No. 1040729-80.2023.4.01.0000 by the Presidency of the Court, allow the continuation of environmental licensing by the state body – the Amazonas Environmental Protection Institute – Ipaam, until further decision ”, says an excerpt from the court order issued on Saturday.

In February of this year, federal judge Marcos Augusto de Souza, serving as Presidency of the TRF1, overturned another decision, from November 2023, which had prohibited the licensing of Ipaam for mineral exploration in Autazes. Souza responded to a request from the company Potássio do Brasil.

Souza maintained that TRF1 sought to avoid “undue interference by the Judiciary in the regular exercise of administrative functions by constituted authorities, which results in serious harm to public and administrative order”. He said that Ipaam’s acts may be annulled later if any irregularity is found.