During the reporting period, there were no identified cases of violations of indigenous peoples’ rights. There are allegations in the judicial sphere of alleged violation of indigenous rights, which comprise ten public civil actions, of which Norte Energia and other institutions are parties. Table and link with access to each of the aforementioned ACPs are available as an annex to this report.
In none of them there was a decision evidencing a violation of the rights of indigenous peoples by Norte Energia.
| Process | Parties | Subject Matter | Summary of progress 2023 |
| Public Civil Action N. 0001655-16.2013.4.01.3903 | Plaintiff: Federal Prosecution Service Defendant: Norte Energia | This is a Public Civil Action proposed by the Federal Prosecution Service - MPF aiming at the creation of an indigenous reserve for the Jurunas community of Km 17. Furthermore, he requested compensation for alleged damages suffered by this group, due to the delay in carrying out such action. Regarding moral damages, the MPF alleged the creation of the reserve would be Norte Energia's obligation and the delay in compliance would have caused damage to the community's way of life, to the sociocultural integrity, to the dignity of these indigenous people and to their recognition as a people endowed with special value. | In 2022, the expert appointed to carry out an assessment of alleged damages suffered by indigenous people from the Juruna km 17 community requested to be removed for personal reasons. On Sep 19,2023, a decision was made for the expert to inform whether she would be interested in resuming the work, since it had already been started by her. In response, the expert informed that she reiterated her request for removal. |
| Public Civil Action N. 0000655-78.2013.4.01.3903 | Plaintiff: Federal Prosecution Service, Indigenous Associations (co-litigant) Defendants: Norte Energia, Ibama, Funai | This is a Public Civil Action proposed by the Federal Prosecution Service – MPF to: (i) declare the unfeasibility of the Belo Monte HPP, while the actions to protect the Indigenous Lands are not implemented; (ii) recognize the ineffectiveness of Funai's approval for the Installation License, due to alleged non-compliance with conditions; and (iii) implement the Emergency Plan for the Protection of the Indigenous Lands of the Middle Xingu. It was alleged that failure to comply with obligations related to the territorial protection of indigenous people would imply a situation of vulnerability for indigenous people, putting the survival of these groups at risk. Furthermore, it is argued that the conditions were imposed to guarantee the right of these peoples to enjoy their territories and reproduce their customs, so that failure to comply would result in a violation of said rights. | In 2022, a decision was issued, which determined the suspension of the action until final judgment of Extraordinary Appeal 1379751 (related to the validity of Legislative Decree 788/2005). The MPF filed a Statement of Clarification against this decision. In 2023, the parties filed Counter-arguments to the MPF's Statement of Clarification, which are pending judgment. |
| Public Civil Action N. 0028944-98.2011.4.01.3900 | Plaintiff: Federal Prosecution Service, Indigenous Associations Defendants: Norte Energia, Union | This is a Public Civil Action proposed by the Federal Prosecution Service - MPF to (i) prevent the construction of Belo Monte, due to the alleged removal of indigenous peoples and violation of the rights of future generations and nature; and (ii) ensure compensation to the Arara and Juruna indigenous peoples and riverside dwellers for impacts and loss of biodiversity. It was alleged that the impacts of the project could lead to territorial insecurity and social disruption of the groups in the Paquiçamba and Arara da Volta Grande Indigenous Lands, as well as their removal from the place where they live (Volta Grande do Xingu). | In 2014, a judgment was handed down, which dismissed the action, against which the MPF filed an Appeal. In May 2023, the 6th Panel dismissed the MPF's Appeal. The MPF and the Indigenous Associations filed a Statement of Clarification against the ruling. The other parties filed counter-arguments to the Statement of Clarification, which are pending judgment. |
| Public Civil Action N. 0025799-63.2013.4.01.3900 | Plaintiff: Federal Prosecution Service, Indigenous Associations (co-litigant) Defendants: Norte Energia, BNDES, Ibama | This is a Public Civil Action proposed by the Federal Prosecution Service - MPF to determine the carrying out of Complementary Studies to verify possible interference of the project in the Bacajá River. It was alleged that Preliminary License No. 342/2010 and Installation License No. 795/2011 were granted without properly considering and predicting the impacts of the work on the Xikrin people, of the Trincheira-Bacajá Indigenous Land. For this reason, there would have been an offense to fundamental legal interests of an extra-patrimonial nature held by this community that would give rise to collective moral damages. | In 2015, a judgment was handed down, which dismissed the initial requests. The MPF filed an Appeal. In May 2023, the 6th Panel of the TRF1 denied the MPF's appeal and granted the BNDES's appeal. In August 2023, an expanded trial was held, which, by majority, denied the MPF's Appeal. The MPF filed a Statement of Clarification against the ruling and the other parties filed Counter-arguments to the Statement of Clarification, which are pending judgment. |
| Public Civil Action N. 0002387-26.2015.4.01.3903 | Plaintiff: Federal Public Defender's Office Defendants: Norte Energia, Union, ANA, BNDES, Funai, Ibama | This is a Public Civil Action proposed by the Federal Public Defender's Office - DPU to discuss alleged damages of various natures that the Belo Monte HPP would be causing in the Volta Grande of the Xingu River, such as damage to nature and impacts on indigenous and riverside communities and other agents of the local economy, such as boatmen, cart drivers and artisanal fishermen. Specifically regarding indigenous peoples, the DPU alleged that Norte Energia had used a “policy of giving gifts” with this group, which would be encouraging the destruction of their way of life and cultural identity. | In June 2023, a judgment was handed down, which extinguished the case without judgment on the merits, accepting the DPU's request by recognizing the lis pendens with other lawsuits. The case was filed in August 2023. |
| Public Civil Action N. 0001605-82.2016.4.01.3903 | Plaintiff: Federal Prosecution Service, Federal Public Defender's Office (co-litigant) Defendants: Norte Energia, Union, Incra | This is a Public Civil Action proposed by the Federal Prosecution Service - MPF, to evict the Arara da Volta Grande do Xingu Indigenous Land and relocate the good-faith occupants. It was stated that the failure to carry out the aforementioned actions resulted in a situation of vulnerability, as well as the systematic violation of human rights related to housing and decent work for this group. | In 2021, a sentence was handed down. It partially upheld the initial requests, ordering only Incra to complete the process of relocating the families occupying the Arara da Volta Grande Indigenous Land in good faith. The MPF and Incra filed an Appeal. In May 2023, a decision was issued, which ordered Incra to take measures, due to its conviction, and Incra presented information about the Emergency Relocation Plan. In October 2023, Norte Energia requested that partial final judgment be certified in relation to the claims related to it, given that there was no conviction imposed on the company. The company's request awaits consideration. |
| Action to Compel Action No. 1003611-98.2023.4.01.3903 | Plaintiff: Associação Indígena do Povo Arara da Cachoeira Seca Defendant: Norte Energia | This is an action proposed by the Indigenous Association of the Cachoeira Seca People to order Norte Energia to pay a monthly and ongoing fee for the hiring of legal and accounting advice to indigenous communities, as a form of environmental compensation resulting from the Belo Monte HPP project, especially due to legal and administrative demands involving impacts on the Arara people's way of life resulting from the Belo Monte HPP. | In August 2023, Norte Energia presented its Preliminary Statement. In October of the same year, a decision was issued denying the preliminary injunction request. In November 2023, Norte Energia filed its Response. In December 2023, a judgment was handed down, which dismissed the initial request. No appeal was filed. The case was definitively archived. |
| Public Civil Action N. 0000709-88.2006.4.01.3903 (RE nº 1.379.751) | Plaintiff: Federal Prosecution Service, Indigenous Associations (interested party) Defendants: Brazilian Power Plants, Northern Power Plants, Union, Ibama *Norte Energia is not a party to this process | This action aims to discuss the legality of Legislative Decree No. 788/2005, due to the alleged lack of consultation with indigenous peoples. | In 2023, the virtual trial of the Internal Appeals filed against a decision that denied the Extraordinary Appeals filed by Centrais Elétricas Brasileiras SA – Eletrobras; Centrais Elétricas do Norte do Brasil S/A – Eletronorte; Ibama; and the Union began. Rapporteur Justice Alexandre de Moraes denied the Internal Appeals, but considered the following: “Despite the decisions above from the court of origin, the strategic importance of the Belo Monte Hydroelectric Power Plant for the country must be taken into account. The interruption of its operation would imply drastic losses to the Treasury and, consequently, to the public interest, since the plant has been in operation since November 2015. Therefore, considering the consequences that may arise from the invalidation of the operating license of the plant in question and the uncertainty regarding the degree of impact on the indigenous communities that are affected by the project, I understand that it is not the case to invalidate the environmental licensing, much less, to paralyze the operation of the Belo Monte HPP.” Justice Luís Roberto Barroso requested to examine the case records. |
| Public Civil Action N. 0003017-82.2015.4.01.3903 | Plaintiff: Federal Prosecution Service, Indigenous Associations (interested parties), Federal Public Defender's Office (co-litigant) Defendants: Norte Energia, Union, Ibama, Funai | This is a Public Civil Action proposed by the Federal Prosecution Service– MPF to recognize that, as it is being implemented, the Belo Monte HPP is promoting the destruction of the way of life of indigenous groups in the middle Xingu. Therefore, it requested judicial intervention in the implementation of the Indigenous Component of the Belo Monte HPP, in order to guarantee the effectiveness of impact mitigation, for the ethnic survival of the affected indigenous groups. | In October 2023, a decision was issued granting an extension of the deadline for the MPF to present the questions, under penalty of rejection of the expert evaluation. Norte Energia was ordered to attach the excerpt from the video that records the expression of opposition by indigenous communities regarding the implementation of the Indigenous Committee, or the refusal to engage in dialogue in this space, as well as the reasons for this. Following Norte Energia's statement, the MPF summoned Indigenous Associations to speak out on the same topic. Norte Energia then requested that the video section in which compliance with the preliminary decision is discussed be attached. In doing so, it reiterated its requests that the suspension of the deadline for compliance with the preliminary decision be maintained and that Funai be summoned to state its position regarding the unfeasibility of implementing the Indigenous Committee, the Deliberative Council and the External Monitoring Committee provided for in the PBA-CI Management Plan. In December 2023, an ordinary act was issued, summoning the Plaintiffs to comment on Norte Energia's petition and the video presented. |
| Public Civil Action N. 1005311-06.2023.4.01.3905 | Plaintiff: Federal Prosecution Service Defendants: Norte Energia, Union, Funai, Ibama | This is a Public Civil Action proposed by the Federal Prosecution Service - MPF to impose on the defendants the obligation to guarantee drinking water to the Parakanã indigenous people of the Apyterewa Indigenous Land on an emergency basis and to implement the Water Supply Systems (SAA) to all villages of the Apyterewa TI. it also requested the defendants be jointly and severally liable for the payment of BRL 1,000,000.00 (one million reais) as compensation for collective moral damages, regarding the violation of the indigenous community. It was argued that “the right to drinking water and sanitation constitutes a human right essential to the full enjoyment of life and all human rights” and that “the scarcity of water within the villages in the Apyterewa Indigenous Land, and the lack of assistance from the authorities, causes the indigenous people to consume contaminated and inappropriate water, as a means of guaranteeing their own survival. Now, by denying the supply of drinking water, the defendants end up preventing or critically hindering the enjoyment of basic rights”. | The action was filed on 11/17/2023. On the same date, a decision was issued granting the precautionary request, determining that Norte Energia should supply drinking water to the villages of the Apyterewa IT and present a plan and schedule for the implementation of the Water Supply Systems and maintenance of the existing ones. On 11/24/2023, Norte Energia filed Instrument Appeal No. 1046954-19.2023.4.01.0000 against the preliminary decision. Subsequently, on 12/1/2023, Norte Energia filed a Suspension of Preliminary Injunction No. 1047739-78.2023.4.01.0000, through which the decision of the main action was suspended and determining that the Public Authority would be responsible for supplying water to the villages. On 12/4/2023, a decision was issued, maintaining the appealed decision, but suspending its effects due to the decision issued in the Suspension of Preliminary Injunction. |
Material theme:
Relationship with local communities and indigenous peoples
Indicator:
Prosperity
SDG
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SASB (Cód / Setor)
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