Brazil's STJ to rule on legality of hydraulic fracturing

The Superior Tribunal de Justiça (STJ) is set to rule on the legality of hydraulic fracturing, commonly known as fracking, in Brazil. The court will decide whether the technique for oil and gas exploration should be subject to a preventive ban or regulated through specific technical and environmental assessments.

The debate centers on the application of the precautionary principle. One side argues for generic prohibitions to protect the environment, while the opposing thesis suggests that precaution does not necessitate an automatic ban. Instead, it advocates for preventive measures, rigorous monitoring, and scientific analysis of individual projects to assess real risks.

Brazil possesses significant but largely unmapped geological potential for unconventional oil and gas resources. Determining the legal framework for this technology is considered a strategic issue for national energy security and the attraction of investment, provided it aligns with strict ecosystem protections.