New Report Highlights New Legal Protections for Critical Brazilian River Basin

In the wake of Brazil’s Congress passing the “Devastation Bill,” which would dismantle critical components of the country’s National Environmental Policy and rollback decades of environmental safeguards protecting communities from large-scale extractive projects, International Rivers today released a new study outlining the threats facing the Tapajós River Basin and innovative legal measures that communities can take to protect themselves. The report arrives just months ahead of COP30, which will be held in Brazil.

Tapajós River: Legal Analysis of the Brazilian Environmental Legislation (Rio Tapajós Análise Jurídico da Legislação Ambiental Brasileira) and its accompanying executive summary, Tapajós River: Prospects for Permanent Protection, shows how the combined effects of climate change, dams, unregulated mining, and other large-scale infrastructure harm Indigenous and frontline communities, and undermine the environment and biodiversity. It highlights measures that affected peoples can take to protect the Tapajós River Basin, including securing permanent legal protections.

Encompassing over 493,000 square kilometers across the Pará, Mato Grosso, and Amazonas states, the Tapajós is one of the Amazon’s most biodiverse river systems, home to over 300 fish species, including giant piraíba catfish and colorful tucunaré, and endangered river turtles like the tracajá and the giant Amazon turtle. Seasonal flood cycles shape a dynamic landscape of várzea, igarapés, igapó forests, and wetlands — vital nurseries for fish, nesting sites for turtles, and feeding grounds for migratory birds. This vast watershed regulates the hydrological cycle across a significant portion of the Amazon, supports food and water security for riverine and Indigenous populations, and contributes to climate regulation at regional and global scales. For local Indigenous communities, its waters are sacred—tied to origin stories, traditional knowledge, and survival.

Hydroelectric development threatens the Tapajós River system. As of January 2024, 180 hydroelectric projects have been planned on the Juruena River alone. Four major dams—the Teles Pires, Colíder, São Manoel, and Sinop—have fundamentally altered the river basin's hydrology and ecology. Brazil’s piecemeal regulatory system means that each new project is not considered in conjunction with existing ones, so their long-term cumulative effects are often underestimated.

Furthermore, 2,000 illegal mines operate with virtual impunity throughout the river system, representing an estimated 75% of all mining activity in the region. This has left a scar on Indigenous communities. Studies by the Fiocruz Foundation reveal that more than 60% of Munduruku Indigenous community members tested in certain areas exhibit elevated mercury levels, with more than half of the Munduruku people—including children—showing unsafe mercury concentrations in their bodies.

“Although Brazil’s current regulatory framework fails to account for the ecological and human rights violations imposed by large-scale infrastructure, our new research identifies innovative new pathways for frontline communities to reclaim their rivers and their rights,” said Flávio Montiel of International Rivers. “With the upcoming COP30 in Belem, all eyes will be on Brazil. Now is the time for Brazil to be a world leader in the management and protection of nature and human rights by legally recognizing the rights of rivers in the Tapajós Basin.”

Brazil currently has the legal tools to protect communities and their resources from the climate crisis. The country’s Constitutional Article 225 establishes environmental protection as both a governmental obligation and a fundamental human right. Working in tandem with this provision, Article 231 recognizes Indigenous Peoples' original rights to their lands, including their customs, languages, beliefs, and traditions, mandating that public authorities demarcate, protect, and respect all their assets. Further protections also include a review of the State System of Nature Conservation Units (SEUC). This legislation introduced an innovative conservation category called “Rivers of Special Protection” – specifically designed to protect waterways of exceptional value. The Law also provides provisions for the restoration of freshwater ecosystems, making the Rivers of Special Protection designation a promising model for river conservation that could be replicated across Brazil’s river systems.

Ultimately, protecting the Tapajós River system demands a multi-level strategy that leverages Brazil’s existing legal frameworks while addressing structural weaknesses in implementation and enforcement. Moving beyond traditional environmental regulation, the report offers a framework that aligns with Indigenous worldviews and suggests enforceable protections grounded in legal innovations.

It calls on policymakers in Brazil to:

-Adopt a Rights of Rivers legal framework to support communities that rely on the Tapajós River Basin for cultural, physical, and economic sustenance;

-Coordinate action among Federal and State Public Agencies to ensure jurisdictional alignment and robust legal enforcement across federal, state, and municipal levels;

-Implement real-time channels for communities to report violations;

-Establish Popular Committees in the Tapajos River Basin and build capacity for representatives of local social organizations, to ensure effective participation of civil society, for the future creation of the Tapajos River Basin Committee;

-Close legal and institutional loopholes by implementing a Strategic Environmental Assessment for the entire Tapajós basin that includes cumulative and synergic impacts, to ensure that the long-term consequences of development are considered.

The report calls on frontline and Indigenous communities to exercise their rights to Free, Prior, and Informed Consent by:

-Pursuing strategic litigation to challenge harmful projects and regulatory failures;

Serving as co-litigants in precedent-setting cases defending rivers’ rights and ecological limits.

“Ultimately, a nation's environmental conscience can be measured not by the depth of its laws, but by the quality of its waters—and both can run muddy despite the best of intentions written on paper,” said Monti Aguirre of International Rivers.

Read the report.