The Search for Effectiveness of the Principle of Participation in Mining Cases in Indigenous Territories

The article analyzes the constitutional limits on mining in indigenous territories. It would be possible, under a legal perspective, the mining exploration in indigenous territories? What are the necessary requirements, especially in relation to indigenous people's participation? The objective...

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Bibliographic Details
Main Authors: Lennon Giovanni Giovanni, Romeu Faria Thomé da Silva
Format: Article
Language:Portuguese
Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2016-10-01
Series:Revista de Direito Ambiental e Socioambientalismo
Subjects:
Online Access:http://www.indexlaw.org/index.php/Socioambientalismo/article/view/924
Description
Summary:The article analyzes the constitutional limits on mining in indigenous territories. It would be possible, under a legal perspective, the mining exploration in indigenous territories? What are the necessary requirements, especially in relation to indigenous people's participation? The objective is to examine the need for improvement of the bills pending in Congress. The exploratory  and  propositional  investigative  methods  were  used.  It  is  concluded  that consultation with indigenous communities involved should consist of effective participation in decision-making before the use of mineral resources.
ISSN:2525-9628
2525-9628