Supreme Court Justice Flávio Dino has authorized mineral exploration on Cinta Larga indigenous lands in Mato Grosso and Rondônia, provided it is under community control and meets environmental and social standards. The precautionary ruling, issued on February 3, sets a two-year deadline for Congress to regulate the issue. The decision aims to curb illegal mining and ensure benefits for indigenous people.
In a precautionary ruling issued on Tuesday (February 3), Supreme Court Justice Flávio Dino authorized mineral exploration on Cinta Larga indigenous territories in Mato Grosso and Rondônia. The permission requires direct control by the indigenous communities and compliance with environmental, social, and legal standards, responding to a petition filed in October by the Coordination of Cinta Larga Indigenous Organizations.
The lawsuit pointed to Congress's failure to regulate Article 231 of the Constitution, which has mandated indigenous participation in mineral resource exploitation on their lands since 1988. Dino noted that this oversight has fueled illegal mining, criminal organizations, and violence in indigenous areas, leading to environmental damage and economic exclusion for native peoples. “It is not compatible with the Constitution to maintain a model in which indigenous people are left only with the damages and violence,” the justice stated in the ruling.
To break this cycle, the Supreme Court set a two-year deadline for the legislature to enact specific legislation. If unmet, the court's provisional rules will remain in effect. Exploration is capped at 1% of the total demarcated area, requiring free, prior, and informed consultation with affected communities under International Labour Organization Convention 169. Environmental licensing, impact studies, and area recovery plans are also mandatory.
Indigenous peoples will receive full participation in economic outcomes, with funds prioritized for territorial protection, environmental restoration, and projects in health, education, and sustainability. Oversight will come from federal bodies including Funai, Ibama, the National Mining Agency (ANM), and the Federal Public Prosecutor's Office.
