Snapshot: The Belo Monte hydroelectric dam (operated by Norte Energia), located on the Xingu River in Pará, Brazil, is the third largest of its kind in the world. Its construction has caused severe environmental and socio-cultural impacts on Indigenous communities and led to redirecting 80% of the river flow. In response, the Yudjá Miratu Association of Volta Grande do Xingu, along with six other Indigenous associations, filed a petition with the Supreme Federal Court (STF) in January 2025, arguing that Congress failed to regulate Constitutional provisions guaranteeing Indigenous participation in the financial benefits from hydropower and mineral exploitation. STF ruled in favour of the Indigenous communities, mandating financial compensation and requiring Congress to enact relevant legislation within 24 months.

On 7 January 2025, the Yudjá Miratu Association of Volta Grande do Xingu and six other Indigenous associations in the Volta Grande do Xingu initiated legal proceedings by filing a petition against the National Congress claiming that Congress was in legislative omission by failing to regulate constitutional provisions ensuring Indigenous communities benefit from hydropower and mineral resources exploitation. The petition highlighted the significant negative impacts of the Belo Monte dam (operated by Norte Energia), including decrease in the flow of the Xingu River, damage to fishing, loss of potable water quality, and reduction of hunting opportunities. The plaintiffs emphasised that Indigenous communities in Volta Grande do Xingu Indigenous Territories are socially, culturally, and economically dependent on the river, and the absence of regulation has obstructed their ability to exercise their Constitutional rights. They also reported increased health issues, exposure to social vulnerability including sexual exploitation, loss of biodiversity, and compromised traditional livelihoods.

On 11 March 2025, Supreme Court Justice Flávio Dino ruled that Indigenous communities affected by the Belo Monte hydroelectric dam must receive a share of the royalties. The ruling set a 24-month deadline for Congress to enact legislation regulating Indigenous participation in hydropower and mineral resource projects. Justice Dino clarified that the ruling was not limited to Belo Monte but established a broader legal precedent. While the decision does not authorise new hydropower projects on Indigenous lands, Justice Dino declared that it seeks to address gaps in Brazil’s legal framework to ensure Indigenous communities transition from being victims to rightful beneficiaries of activities impacting their lands. The ruling mandates that 100% of the Financial Compensation for the Use of Water Resources (CFURH) previously allocated to the federal government be redirected to the Indigenous communities of the three territories most affected by the permanent "drought" in the Volta Grande do Xingu, which, according to the 2022 national census, are home to 1,324 people. The ruling awaits ratification by the other 10 Supreme Court judges.

Another case was filed against Brazil in the Inter-American system in connection with the Belo Monte dam in 2011: Consórcio Norte Energia lawsuit (re Belo Monte dam in Brazil)

Court documents:

• Supreme Court decision, 11 Mar 2025.