Minister Flávio Dino, of the Federal Supreme Court (STF), gave Congress 24 months to approve a law that authorizes the participation of the Cinta Larga indigenous people in the legal mineral exploration of their territory. The preliminary decision was signed on Tuesday (3).
The injunction was motivated by an action filed by the Coordination of Indigenous Organizations of the Cinta Larga People (Patjamaaj) so that the Supreme Court recognizes the constitutional omission of Congress due to the lack of approval of a law so that indigenous people have participation in the results of the use of water and mineral resources present in the indigenous territory, in Rondônia.
The entity alleged that the Cinta Larga suffer constant threats of invasion by miners and violent conflicts related to the illegal exploitation of minerals, factors that cause a lack of income and the economic exclusion of indigenous people.
When analyzing the allegations, Dino recognized the constitutional omission of Congress and gave parliamentarians a 24-month deadline to regulate the participation of indigenous people in the gains from mineral exploration.
The minister also established guidelines for mineral exploration, which must have the authorization of indigenous people and must be controlled by the federal government.
If authorization is granted, an indigenous cooperative will be created to make payments and create the necessary authorizations to carry out the exploration.
According to the decision, authorization for mining cannot exceed the use of 1% of the Cinta Larga Indigenous Land.
Regulation
When justifying the decision, Flávio Dino said that the lack of regulation favors illegal mining.
“The lack of regulation favors illegal mining, drug mining and the growing activity of criminal organizations. Such criminal organizations, whether or not linked to local authorities, operate the financing, logistics and money laundering in illegal mining, putting permanent pressure on indigenous territories. With the practices currently observed, indigenous peoples are left with heavy burdens, without benefits, even if some join or are harshly exploited by illegal mining”, he stated.
The minister also highlighted that his decision does not determine mineral exploration on indigenous lands, which depends on authorization.
“The scope of this judicial decision is limited to filling gaps and omissions in the Federal Constitution, establishing the conditions for the participation of indigenous peoples in activities affecting their lands, so that they stop being just victims and become beneficiaries”, he added.
Belo Monte
Last year, Dino determined that indigenous communities affected by the construction of the Belo Monte Hydroelectric Plant, in Pará, have a share in the plant’s profits.
According to the injunction, the communities must receive 100% of the amount transferred by the concessionaire to the Union. The minister also gave Congress a period of 24 months to approve a specific law to deal with the matter.
