Abordagem jurídica e socioambiental do projeto de exploração da silvinita na Amazônia Brasileira e da consulta aos povos originários

Abstract

Mining activity on indigenous lands in Brazil's Amazon region raises significant concerns regarding indigenous rights, environmental protection, and sustainable development. The nation-state plays a crucial role in regulating and protecting these interests. In the legal context, the legal possibility of mining on indigenous lands in the Amazon is discussed. Although the Brazilian Constitution recognizes the property rights of indigenous peoples over their lands, there are still debates about mineral exploration in these areas, especially in relation to the principles of prevention, precaution and polluter-pays. The civil and criminal liability of the State in the release and supervision of activities on indigenous lands and traditional communities is also addressed. In this sense, it is essential that the State fulfills its role of supervising and ensuring that mining activities are conducted in accordance with applicable laws and regulations, minimizing negative impacts on indigenous communities and the environment. In addition, the right to exercise self-determination of indigenous peoples in relation to the use of the territory is highlighted, as established in Article 231 of the Federal Constitution of 1988. This implies recognizing the power of indigenous peoples to participate in decisions related to mining on their lands and ensuring their economic participation in the benefits generated by this activity. The mitigation of the negative impacts of mining on indigenous lands is discussed, focusing on a specific case study, the Potassium Project in Autazes, in Amazonas. It is important to identify the results in the social, environmental and economic area through the SWOT tool in order to understand the strengths, weaknesses, opportunities and threats related to the project. It is proposed to adopt mechanisms of participatory consultation with indigenous populations and decision-making in order to ensure that their voices are heard in the definition of mining policies and practices. This may include the creation of specific legal instruments and the implementation of measures to manage disaster risks and ensure environmental quality. Finally, the importance of ethnic knowledge in favor of the sustainability of mining is emphasized. Recognizing and incorporating the traditional knowledge of indigenous peoples can contribute to more sustainable practices and mitigation of the environmental impacts of mining. In summary, discussions on the responsibility of the nation-state in regulating and protecting indigenous interests in mining activity highlight the need to ensure respect for indigenous rights, the economic participation of indigenous people in the benefits, and the adoption of measures.