The PBA-CI comprises a plan, 11 programs and 30 projects that were designed to mitigate and/or compensate for the social and environmental impacts expected from the implementation and operation of the Belo Monte HPP on indigenous lands and peoples within its area of influence. Mitigation and compensation actions include the following topics:
- Indigenous school education;
- Indigenous health;
- Infrastructure;
- Subsistence and income generation;
- Institutional strengthening;
- Communication for indigenous and non-indigenous communities and peoples;
- Territorial and environmental management;
- Tangible and intangible cultural heritage; and
- Relocation and settlement.
In addition to the PBA-CI, within the scope of measures related to the environmental licensing process, there is also the Territorial and Environmental Protection Plan for Indigenous Lands of the Middle Xingu, which is the result of a Cooperation Agreement signed in 2015 with Funai.
Furthermore, several works were completed to support subsistence, productive activities, sanitation and health for the indigenous peoples affected by the project.
Eight years after the Operating License was issued, the project has accumulated a monitoring history that allows for constant revisiting and improvement of the environmental impact matrix, in order to verify whether the initial estimates were realized and whether the preventive, mitigating and compensatory measures were sufficient and appropriate to address the expected solutions, thus promoting continuous improvement in the project’s environmental management.
In 2024, no cases of violations of indigenous peoples’ rights were identified. In the judicial sphere, there are alleged violations of indigenous rights, described in 8 Public Civil Suits (PCS), of which Norte Energia and other institutions are defendants. In none of them was there a decision that evidenced a violation of the rights of indigenous peoples by Norte Energia.
Civil lawsuits
| Case | Parties | Claim | Main progress/Current status |
|---|---|---|---|
| Public Civil Suit No. 0028944-98.2011.4.01.3900 | Plaintiff: Federal Public Prosecutor's Office (MPF) MPF’s third party intervener: indigenous associations Defendant: Norte Energia Third party intervener for NE: Federal Government | Prevent the construction of Belo Monte due to the alleged removal of indigenous peoples and violation of the rights of future generations and nature. Compensation for the Juruna and Arara indigenous peoples, and riverside communities of the Volta Grande do Xingu, for the impacts and loss of biodiversity is also being discussed. | The MPF and Indigenous Associations filed an appeal against the 6th Panel's decision. On 07/21/2023 Norte Energia filed counter-arguments in response to the motions for clarification. NE is awaiting service of process to submit a response to the motions for clarification. It is likely that Special/Extraordinary Appeals will be filed with the National High Court of Brazil (STJ) and the Supreme Court (STF), respectively by the Public Prosecutor's Office (MPF) and the Indigenous Associations. |
| Public Civil Suit No. 0000655-78.2013.4.01.3903 | Plaintiff: Federal Public Prosecutor's Office (MPF), State of Pará MPF’s third party intervener: Indigenous associations Defendants: Federal Government, Norte Energia | Obtain a declaration of Belo Monte's unfeasibility and the ineffectiveness of Funai's approval for the Permit for Installations (PI), given the alleged failure to comply with the Indigenous Land Protection Plan, established within the scope of the project's environmental licensing process, which provides for the implementation of Territorial Protection Units (TPUs) and other matters. | Court ruling on the motions for clarification filed by the MPF is awaited. |
| Public Civil Suit No. 0001655-16.2013.4.01.3903 | Plaintiff: Federal Public Prosecutor's Office (MPF) Defendant: Norte Energia | Determine compliance with the environmental licensing conditions of Belo Monte, consistent with the acquisition of land and donation to the Federal Government for the creation of an indigenous reserve for the Juruna community at km 17. | On 09/30/2024, the judge denied the MPF's request for the expert assessment to be carried out by the same team as in Process 0003017-82.2015.4.01.3903 and ordered the appointment of an anthropology expert registered with the Court. If there is no registered expert, and considering that the expert report to be carried out consists of an anthropological study, contact the Institute of Philosophy and Human Sciences of the Federal University of Pará to provide a list of anthropologists capable of preparing the expert report. On 10/22/2024, the MPF became aware of the decision. |
| Public Civil Suit No. 0025799-63.2013.4.01.3900 | Plaintiff: Federal Public Prosecutor's Office (MPF) MPF’s third party interveners: Indigenous associations Defendants: Norte Energia, Ibama, BNDES | Obtain the completion of additional studies, due to the alleged insufficiency and inadequacy of the Complementary Studies on the Bacajá River, produced by NE, as established by Funai, in compliance with the condition of an indigenous component. | On 07/02/2024, the Panel, in its expanded composition, by majority, with Federal Judge Ana Carolina Roman outvoted, rejected the declarations of appeal, in accordance with the reporting judge's vote. On 09/06/2024, the MPF filed a Special Appeal. |
| Public Civil Suit No. 0003017-82.2015.4.01.3903 | Plaintiff: Federal Public Prosecutor's Office (MPF) MPF’s third party interveners: indigenous associations Defendants: Norte Energia, Federal Government, Funai | Recognition that Belo Monte, as it is being implemented, is promoting the destruction of the way of life of indigenous groups in the Middle Xingu. Thus, judicial intervention was requested in the implementation of the Indigenous Component of Belo Monte, in order to guarantee the effectiveness of impact mitigation, with a view to the ethnic survival of the affected indigenous groups. | On 05/24/2024, Funai filed documents. On 06/11/2024, Ibama requested the granting of an additional period of 20 (twenty) days to respond. On 10/05/2024, Ibama requested the granting of a new complementary period of 15 (fifteen) days to respond. |
| Public Civil Suit No. 0001605-82.2016.4.01.3903 | Plaintiff: Federal Public Prosecutor's Office (MPF) MPF’s third party interveners: Federal Public Defender's Office Defendants: Norte Energia, Federal Government, Incra | Determine measures aimed at the effective removal and relocation of all non-indigenous dwellers of the Arara da Volta Grande do Xingu Indigenous Land. | On 10/23/2023, NE petitioned, requesting the following from the Reporting Judge: “Whereas the requests made by the Federal Public Prosecutor's Office against NE were dismissed and were not the subject of the appeals filed, there is collateral estoppel and therefore no reason for the Company to continue to be a party to the proceedings. In view of the above, NE requests that collateral estoppel be certified in relation to the claims that concerned the Company.” |
| Public Civil Suit No. 1005311-06.2023.4.01.3905 | Plaintiff: Federal Public Prosecutor's Office (MPF) Defendants: Norte Energia, Federal Government, Funai, Ibama | This is a request for urgent interim relief filed by the Public Prosecutor's Office against the Federal Government, Funai, Norte Energia S/A and Ibama, requesting that Norte Energia S/A be compelled to provide drinking water, on an emergency basis, to the Parakanã indigenous people of the Apyterewa Indigenous Land, in order to remedy a very serious health situation, until water supply systems (SAA) are implemented in the villages, as per the conditional obligation provided for in the Basic Environmental Plan – Indigenous Component (PBA-CI) of the Belo Monte Hydroelectric Power Plant. | On July 31, 2024, the court was notified of the decision handed down in Case 1047739-78.2023.4.01.0000, granting the internal appeal of the Public Prosecutor's Office, in order to reestablish, in its entirety, the decision granting preliminary relief, handed down by this Hon. Court in Case No. 1005311-06.2023.4.01.3905. - On 08/26/2024, the Company requested the following: “The filing of the attached Photographic Report (Doc. 01) and the granting of a period of 30 (thirty) days for the submission of a Detailed Report, proving compliance with items ‘a’ and ‘b’ of the urgent relief decision (Id. 1918547669); and (ii) in compliance with requirement ‘c’ of the urgent relief decision (Id. 1918547669): a. Filing of the Preliminary Plan for Emergency Response to the Supply of Drinking Water to the Villages in the Apyterewa Indigenous Land (IL) (Doc. 02); and b. in view of the circumstances indicated above, a period of 30 (thirty) days be granted for the submission of the Final Plan and respective schedule for the construction of water supply systems in all villages in the Apyterewa IL, including maintenance work on the four existing systems, without prejudice to the continuous supply of drinking water.” - On 09/18/2024, the Court certified the filing of the decision handed down in the proceedings of Case No. 1002276-04.2024.4.01.3905: “This is a public civil suit filed by the Public Prosecutor's Office - MPF against the FEDERAL GOVERNMENT, the STATE OF PARÁ, the FEDERAL INDIGENIST AGENCY – Funai, the ENVIRONMENT AND RENEWABLE NATURAL RESOURCES AGENCY – Ibama, and the MUNICIPALITY OF SÃO FÉLIX DO XINGU. The plaintiff reports that it became aware of an outbreak of acute diarrheal diseases in the Parakanã indigenous community of the Apyterewa Indigenous Land, located in the municipality of São Félix do Xingu (PA), allegedly caused by the scarcity of drinking water. (...) After the filing of this lawsuit, the parties compromised and reached an agreement, the municipality of São Félix do Xingu (PA) being an absent party in the proceedings, in accordance with the hearing minutes attached with ID 2133975298, which reads as follows: 1 – The immediate delivery of the clay filters and [sodium] hypochlorite by DSEI/Altamira, within a deadline to be determined with the agency's Logistics Sector (DSEI/Altamira); 2 – Proof of the request/availability in Altamira, in the next Call for Bids for the “Mais Médicos” (More Physicians) Program; 3 – Delivery of the report on the current stage of the disease, after the return of the team deployed on June 19 to serve the communities; 4 – Water safety monitoring plan, working in conjunction with SESPA and LACEN, within a deadline to be informed in the records. (...) In this case, the agreement reached between the parties complies with the basic principles of civil procedure, the interest in question allows for self-composition and prioritizes the effective resolution of the dispute, which is why it must be approved as proposed, observing the limitation of the deliberation activity applicable to the parties' manifestation of will. Finally, the claim against Ibama must be dismissed due to lack of legitimacy. In view of the above, I APPROVE THE TRANSACTION carried out between the parties and I deem the proceedings to be terminated, with a resolution on the merits, in accordance with article 487, item III,"b" of the Code of Civil Procedure.” - On 09/20/2024, Norte Energia stated that the present lawsuit had lost its purpose and, for this reason, requested that the case be dismissed. - On 10/18/2024, the MPF declared itself in favor of rejecting the claim presented by Norte Energia as well as the Company’s final conviction. |
| Public Civil Suit No. 0010065-82.2016.4.01.3903 | Plaintiff: Federal Public Prosecutor's Office (MPF), Federal Public Defender's Office (third-party intervener) Defendants: Norte Energia, the Federal Government, Incra | This is a Public Civil Suit proposed by the Federal Public Prosecutor's Office (MPF) aimed at evicting the Arara da Volta Grande do Xingu Indigenous Land and relocating the occupants in good-faith. | In 2021, a ruling was handed down, partially upholding the initial requests, ordering Incra to complete the relocation process for the families occupying the Arara da Volta Grande Indigenous Land in good faith alone. The MPF and Incra filed appeals. In May 2023, a decision was handed down that ordered Incra to take action as a result of its conviction, and Incra presented information about the Emergency Relocation Plan. In October 2023, NE requested that collateral estoppel be certified regarding the claims made against the Company, given that it was acquitted of the charges. The Company is awaiting consideration of this request. |
Material theme:
Relationship with local communities and indigenous peoples
Indicator (Classification):
People
SDG:
2 - Zero Hunger (Target 2.1) 
3 - Good health and well-being (Target 3.3) 
4 - Quality Education (Target 4.4) 
5 - Gender Equality (Target 5.1) 
8 - Decent work and economic growth (Target 8.6) 
10 - Reduced Inequalities (Target 10.2)
SASB (Cód / Setor)
-
Stakeholders:
Indigenous peoples, Fishermen, Riverside dwellers, Extraction workers, Public bodies linked to indigenous peoples policies, Inspection bodies