A major legal win for the Ka’apor People in Brazil against the carbon offset industry

What is the case about?

The US-based company Wildlife Works Carbon LLC (WWC), which operates in Brazil through its local entity Wildlife Works Brasil Projetos Para Meio Ambiente LTDA, 1 aims to establish a carbon offset project in the Ka’apor territory of Alto Turiaçu, Maranhão. 

In response to an urgent complaint filed by the Tuxa Ta Pame Council of the Ka’apor People, a federal court ordered the suspension of all project-related activities. 2 The complaint accused Wildlife Works Brazil and FUNAI, the Brazilian federal agency responsible for protecting Indigenous rights, of proceeding without properly consulting all Ka’apor People, as required by law.

A project without consent

WWC has reportedly been active in the Ka’apor territory for over two years(opens in new window) , despite its local entity only being officially registered in Brazil as of March 2024. As noted by the court, this raises questions about the legality of the company’s operations prior to that date. 

The Tuxa Ta Pame Council has vocally opposed the project from the outset. In January 2024, they officially informed the company that they did not accept the presence of foreign personnel associated with the carbon offset project and demanded the immediate halt to all activities on their land. 

While the court has not declared the project outright illegal, it has ordered the immediate suspension of all related activities, subject to a daily fine. This order will remain in place until the legitimacy of the consultation process and the representation of Indigenous voices can be clarified. 

The court found that the process violated both the Brazilian Constitution and ILO Convention 169, which guarantees Indigenous Peoples the right to give or withhold consent for projects that affect their lands. The ruling highlighted the serious social, cultural, and environmental impacts that such projects can have, as well as the importance of respecting Indigenous autonomy.

Why does this matter?

This case is a historic decision. A carbon offset project was stopped before it started, underscoring the growing scrutiny of carbon offset schemes, particularly those that involve Indigenous territories. 

The ruling also adds to mounting evidence that carbon offset initiatives often deepen inequality, fuel internal conflicts, and replicate colonial dynamics of exploitation. When companies enter territories without genuine consultation or accountability, they not only violate rights, they also undermine the very environmental goals they claim to support.  

This is not an isolated case. Numerous investigations point to a structural problem within the offset industry: a repeated failure to consult Indigenous communities and uphold their rights. Wildlife Works itself has also been the subject of investigations(opens in new window) elsewhere. In 2023, a report by the Kenya Human Rights Commission and SOMO exposed systemic abuses, including sexual harassment, at WWC’s flagship carbon offset project in Kenya. 

What is happening in Brazil echoes a broader pattern. Land-based offset projects are often driven by profit, silencing the voices of local communities. Despite over 20 years of promises, the carbon offset industry has failed to deliver real emission reductions, while actively diverting funding and attention away from supporting local solutions or justice-based transitions. 

A victory to celebrate, but the fight continues

This ruling belongs to the Ka’apor People and to all Indigenous Peoples and other communities resisting false and dangerous climate “solutions” that deepen green colonialism. But the struggle for the Ka’apor People continues. They are calling for a complete cancellation of the project, not just a temporary suspension. 

You can support their ongoing struggle for autonomy and self-governance by signing the petition as an organisation(opens in new window) or individual(opens in new window) .

“Consulta prévia é um direito, não uma formalidade”

Free, Prior and Informed Consent is a right, not a formality

The forest is not a commodity. The land is not for sale. And climate justice is not possible without Indigenous rights at the centre.

Viva o Tuxa Ta Pame!

We celebrate this important step forward and will continue to advocate for Indigenous resistance and stronger, rights-based climate justice judicial precedents.

Read more(opens in new window) and help amplify their fight.