Justice prohibits start of commercial operation of hydroelectric plant on Jaguariaíva River due to risk
Decision meets request from MPPR and prevents operation of PCH Beira Rio, between Jaguariaíva and Sengés, until safety is proven; structure has sinking of 1 meter and is classified with high potential damage
The Court of Jaguariaíva has granted an injunction prohibiting the beginning of the commercial operation of the Small Hydroelectric Power Plant (PCH) Beira Rio, on the River Jaguariaíva, on the border between Jaguariaíva and Sengés. The decision responds to a request from the Public Prosecutor’s Office of Paraná (MPPR), through the 1st Prosecutor’s Office of Jaguariaíva, with the support of the Prosecutor’s Office of Sengés and Gaema – Group of Specialized Action on Meio Ambiente.
The action was prosecuted after the identification of serious structural problems in the dam, which can put the population and meio ambiente at risk. The ban is valid until the safety of the structure is proven to the competent bodies.
Sinking and high risk
A survey by the Fire Department and the Water and Land Institute (IAT) found a sinking of approximately 1 meter deep along 40 meters at the top of the dam, the so-called ridge, as well as displacement of the structure towards the river.
The reservoir is full and the dam is classified in the National Dam Safety Information System (SNISB) with high Associated Potential Damage (APD) – that is, in case of rupture, it can cause serious consequences for people, property and meio ambiente in the areas below the dam.
Irregularities
The bodies also noted interventions not foreseen in the approved project, such as the installation of plastic tarps on top of the dam and the construction of concrete walls. There were also interruptions in the monitoring of the terrain and replacement of piezometers – equipment that measures the water pressure.
According to MPPR, the company did not immediately communicate the problems to the supervisory authorities, which may characterize non-compliance with the National Dam Safety Policy (Law 12.334/2010). The case came to the attention of the authorities after an alert from residents of the region.
What Justice Determined
In addition to preventing the commercial operation, the injunction determined that the company:
- Hire independent engineering team for special technical audit in the dam;
- Evaluate the possibility of lowering the level of the reservoir;
- Present updated Emergency Action Plan (EAP);
- Keep daily and uninterrupted monitoring of the terrain, with sending daily bulletins to IAT and Aneel;
- Disseminate information in simple language to the local population.
In case of non-compliance, the daily fine is R$ 50,000. The court also ordered the notification of IAT, Aneel and Defesa Civil do Paraná to follow up on the audits.
Partial noncompliance
In a decision dated October 19, 2026, the Court noted that the company only partially complied with the injunction. The measures focused on concrete walls, without the complete sending of information on piezometers and monitoring equipment.
48 hours were given to complete the data. Meanwhile, the start of the commercial operation of the plant is still prohibited. The reservoir remains full, which requires strict monitoring.
Public civil action is still pending in the Civil Court of Jaguariaíva.
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