The STF and mining on Indigenous Lands: what changes?
The STF recognized the legislative omission regarding the regulation of mining on Indigenous Lands and determined that the National Congress must enact legislation on the matter within 24 months.
But note: the decision does not mean a general authorization of mining on Indigenous Lands.
Specifically in the Cinta Larga case, the STF established provisional conditions for any eventual mineral exploration on the Indigenous Lands covered by the decision, including:
(i) consultation with the communities;
(ii) approval by the majority;
(iii) authorization by the National Congress;
(iv) environmental licensing; and
(v) a limit of up to 1% of the territory for exploration.
The decision marks a new stage in the debate on mining, Indigenous rights, environmental licensing, and legal certainty.
Check out our analysis and the main points of the ruling.
