O direito indígena de consulta prévia no Brasil: um estudo do caso Belo Monte

Abstract

The 1988 Federal Constitution represents an important milestone for the protection of indigenous rights, therefore breaking the paradigm of integration, earmarked for a specific chapter dealing with indigenous rights and guarantees. This way, opened new grounds for the original indigenous rights on their traditional lands, guided by the protection of ethnic and cultural diversity of Brazilian society. The Convention 169 of OIT and the United Nations Declaration on the Rights of Indigenous Peoples, in the direction of the Constitution, enshrined the right to prior consultation of indigenous communities affected by state or non-state interventions, such as the exploitation of natural resources existing on their lands. Such a guarantee, understood today as the most sensitive points of the indigenous rights, aims to ensure these communities the right to participate and to influence decision-making about their priorities for social, cultural, political and economic development. However, in 2005, Brazilian National Congress authorized the deployment of hydroelectric power plant of Belo Monte, in Pará State, even before performing the hearsay of indigenous peoples who will be affected by the project, generating intense national mobilization that culminated in the judicialization of matter through lawsuit filed by federal prosecutors. Thus, this paper aims, through research literature and documents, examine the compatibility of judicial decisions in the case with the spectrum of fundamental rights and guarantees granted to Brazilians indigenous.