NYSE-listed Brazil Potash Corp. is facing a new legal bid to suspend its flagship Autazes potash project in Amazonas State, after the Brazilian Federal Public Defender's Office filed an emergency application directly with the Supreme Federal Court.
The company, which has not yet been formally served with the filing, said the application seeks to overturn recent decisions by the Federal Regional Court of the First Region that favoured both the company and the Indigenous Mura Council.
The Federal Public Defender's Office, acting on behalf of indigenous organisations opposed to the project, filed a Suspensão de Tutela Provisória – an application to suspend provisional relief – with the President of the Supreme Federal Court. Brazil Potash stressed that the request is not a new lawsuit and introduces no new allegations or facts. It is a procedural move within an existing Public Civil Action first launched by federal prosecutors in December 2016.
The company's legal position rests on a track record of favourable rulings. The TRF-1 has previously recognised the Indigenous Mura Council as the legitimate representative of Mura communities in Autazes, validated the consultation process under UN International Labour Organization Convention No. 169, and authorised the continuation of environmental licensing.
That consultation spanned more than six years, involved over 35 indigenous villages, and culminated in an assembly where approximately 90% of participating communities voted in favour of the project's continuation.
On July 9, 2026, the Office of the Prosecutor General of Brazil issued a formal opinion recommending that the Defender's Office application not be heard on its merits. The PGR concluded that the Defender's Office lacks standing to file the application and that the procedural vehicle is unsuitable for re-examining facts and evidence.
"The filing does not change the legal status of the Autazes Project or any of the Company's existing environmental licenses, which remain in full force and effect," Brazil Potash said in a statement.
Brazil Potash, together with its external Brazilian counsel, is evaluating the filing and preparing its response. "We intend to vigorously defend our position and continue to believe that our legal position is well supported by the existing judicial record, the multiple favourable decisions having been made by the court already and a recommendation by the Office of the Prosecutor General of Brazil that the latest application not be heard," the company said.
The company ultimately considers the filing to represent "another procedural development within existing litigation, rather than a new legal proceeding or a new substantive challenge to Autazes".
Brazil is critically dependent on fertiliser imports, with over 95% of its potash imported in 2021, despite possessing one of the world's largest undeveloped potash basins. Brazil Potash is confident Autazes can produce up to 2.4 million tonnes of potash annually – roughly 20% of Brazil's current domestic demand.
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