A MINERAÇÃO EM TERRAS INDÍGENAS E O ACORDO DE ESCAZÚ

A CONSTRUÇÃO DE DECISÕES AMBIENTAIS DEMOCRÁTICAS SOB O PRISMA DA TEORIA NEOINSTITUCIONALISTA DO PROCESSO

Abstract

The research analyzed the proposal for mining in indigenous lands that is the object Project of Bill n. 191/2020 and the constitutional imposition of hearing from the affected traditional communities. This legislative initiative took place in the midst of debates on the implementation of the means to fulfill the commitments assumed in the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Affairs in Latin America and the Caribbean, which was signed in the city of Escazú, Costa Rica. The right to information on environmental matters, as well as the resulting right, which is democratic popular participation in the construction of environmental norms. The study aimed to understand whether the Teoria Neoinstitucionalista do Processo is able to create an environment and enable means for the participation of the people, as a legitimate legal community, in the construction of decisions and norms that govern mining activities in indigenous areas and that aim to sustainability and the promotion of an ecologically balanced environment. It is concluded that only in the process, according to the Teoria Neoinstitucionalista, is it possible to manifest a space of decisibility that provides popular and democratic participation from the creation of rights, through norms and laws, to their incidence in the application, extinction or transformation of rights that deal with the Environment, in particular, the regulation regarding the exploitation of mining in indigenous lands as well as the sustainable development of other potentially polluting activities. The study was developed by the dialectical method and the collected and reconstructed data were analyzed in the perspective of the paradigm of the Democratic State of Law.