Justice annuls potash license in Autazes (AM) – 09/04/2023 – Environment

The Federal Court in Amazonas annulled the preliminary license issued by the local environmental agency for the exploration of potassium in the Amazon.

The mining project is defended in the Lula government (PT) by the vice president and minister of Development, Industry, Commerce and Services, Geraldo Alckmin (PSB), and by the minister of Agriculture, Carlos Fávaro. Potassium is used as a fertilizer on crops.

In the decision of August 25, Judge Jaiza Maria Fraxe established that the competence for licensing lies with Ibama (Brazilian Institute for the Environment and Renewable Natural Resources), a federal agency, and not with Ipaam (Institute for Environmental Protection of Amazonas). , linked to the state government. It was Ipaam that led the process that resulted in the issuance of the prior license in 2015.

When contacted, the company Potássio do Brasil, a subsidiary of the Canadian bank Forbes & Manhattan, says it will only manifest itself in the case file.

The project impacts indigenous lands in the region of Autazes (AM), between the Madeira and Amazon rivers, and therefore the licensing must be conducted by a federal agency, according to the court decision. The judge complied with the request of the MPF (Federal Public Ministry).

Ibama has already rejected licensing at least four times. Three of these four times took place during the Jair Bolsonaro (PL) government, which defended the exploitation of potash in the region. The fourth time took place in January of this year, the first month of the Lula administration.

The impact of the project takes place in the Soares and Urucurituba villages of the Mura people. Also by decision of the Federal Court, Funai (National Foundation of Indigenous Peoples) was forced to initiate the formal procedures for the demarcation of the indigenous land. The technical group was formed by the agency in August, as stated in the decision.

The mining project, run by Potássio do Brasil, needs prior authorization from Congress, free consultation with indigenous people —as provided for in convention number 169 of the ILO (International Labor Organization)— and licensing from Ibama, pointed out the 1st Court Federal Civil in Amazonas.

“All administrative acts contrary to the block of constitutionality dealt with here are null and void and have no legal value, due to the serious environmental risk of a 23-year-old mineral enterprise with allocation in indigenous lands, without the authorization of the legislator and without the licensing of the competent body ’ said the judge.

“It is necessary that the competent environmental agency, Ibama, say the stock and density of carbon in the area of ​​the enterprise, the climatic damage in the short, medium and long term resulting from the intended mineral exploration”, completed the magistrate.

This is not the only undertaking with an impact on indigenous lands that advances based on licensing by the state agency, not by Ibama.

The MPF recommended the suspension of public hearings in Silves (AM) and Itapiranga (AM) to address a project aimed at gas exploration in Campo Azulão, in charge of the company Eneva. The company already explores for gas, and seeks to complete the construction of a thermoelectric plant.

Both Funai and MPI (Ministry of Indigenous Peoples) said in official letters that indigenous families were ignored by Eneva and Ipaam. Based on these documents, the MPF asked for the hearings to be suspended. It was ignored, and the hearings were held on Saturday (2) and Sunday (3).

“The hearings give legitimacy to all stages of the project”, said Eneva, in a release about the holding of the hearings, despite the MPF’s recommendation.

In the case of potassium exploration, the MPF accuses the Potássio do Brasil company of co-opting indigenous people in an attempt to secure business in the region. As a result of this co-option, the Court has already ordered the company to return a piece of land purchased from an indigenous person within a traditional territory.

The Mura Indigenous Council also pointed to the actions of the municipal guard of Autazes, at the request of Potássio do Brasil, to intimidate indigenous people within one of the impacted territories.