Revista de Direito Ambiental e Socioambientalismo (Oct 2016)

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

  • Lennon Giovanni Giovanni,
  • Romeu Faria Thomé da Silva

DOI
https://doi.org/10.26668/IndexLawJournals/2525-9628/2016.v2i1.924
Journal volume & issue
Vol. 2, no. 1
pp. 91 – 107

Abstract

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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.

Keywords