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- Title
TERRITÓRIOS QUILOMBOLAS E MINERAÇÃO: REFLEXÕES CRÍTICAS SOBRE O DIREITO À CONSULTA E AO CONSENTIMENTO PRÉVIO DAS COMUNIDADES QUILOMBOLAS NOS PROCESSOS DE LICENCIAMENTO AMBIENTAL.
- Authors
de Mendonça Gonçalves Leite, Matheus
- Abstract
This article presents the results of the research-action promoted by the expansion project entitled "The fight for the recognition of the maroons remaining community's fundamental rights", in the provision of legal assistance to the maroons communities existing in the Serro municipality, for the defense of their ethnic and territorial rights, in the administrative procedure of declaration of compliance of the mining enterprise denominated "Project Serro" to the laws of use and occupation of the ground. During the administrative procedure, it was verified that the area of direct influence of the mining enterprise overlaps with the territory of the maroon community of Queimadas. The research was promoted with the purpose of constructing a speech that justifies the indispensability of carrying out the free, prior and informed consultation and obtaining of the consent of the representative institutions of the maroon community as a condition for the validity of the State decision to authorize mining projects in maroons' territories. The methodology used was the action-research, whereby the legal discourse was constructed in conjunction with the maroons' leaderships and presented to the Council for the Development of the Environment of the Municipality of Serro, which declared the mining project to be non-conforming until the free, prior and informed consultation to the maroon community of Queimadas, with obtaining consent from the representative bodies of the community.
- Subjects
ADMINISTRATIVE procedure; LEGAL discourse; LEGAL services; CIVIL rights; CITIES &; towns
- Publication
Direito da Cidade, 2018, Vol 10, Issue 4, p2106
- ISSN
1809-6077
- Publication type
Article
- DOI
10.12957/rdc.2018.30093