Mineração em terras indigenas

The main objective of this work is to perform a legal analysis of mining in native people lands in order to collaborate with the sustainable legal implementation of the matter.In this sense, under the view of sustainable development, it will be taken in consideration the social, environmental and economical factors related to mining activities in native people lands, in order to obtain fundamented subsidies for the regulation proposal of the subject.The Mining in native people lands has a differentiated treatment by our legal system, therefore so that this occur, as is predicted by the article 231, § 3o, of the Federal Constitution, it will be necessary the National Congress's authorization and hearings from the affected communities, being guaranteed to them a participation in the results of the exploration.Despite many years of discussions, nowadays a definite manifestation from the National Congress has not happened yet, mainly due to conflicts of interests that the subject excites.The object of study is the Native People Land Roosevelt of the Cinta Larga people, which composes one of the four areas of the Native People Park Aripuanã, situated between the States of Rondônia and Mato Grosso.In the past years, the area has been a place of many conflicts between miners and native people in the quarrel for diamonds in the region.The conflict in the Native People Land Roosevelt, characterized by the illegal entrance of non-natives in the lands of the Cinta Larga people for the spoliation of the existing mineral resources, is a decurrent current fact of a historical continuity, that denounces the reality of many other native lands in the country.The absence of effective publics politics, allied to the prejudice and discrimination of the society in general, allow the perpetuation of the problem and expose the value and perception crisis of our western society, that don't respect cultural diversity and the physical environment, putting in risk the existence of life in the planet

Academic Research in Diverse Fields · Brazilian Legal Issues