O Direito de consulta dos povos indígenas: incidência dos direitos da informação e participação no licenciamento ambiental em terras indígenas
DOI:
https://doi.org/10.46901/revistadadpu.i14.p211-223Keywords:
Information. Participation. Right to consultation. Indigenous people. Environmental Licensing.Abstract
This article addresses the issue of guaranteeing the rights to information and participation in the process of environmental licensing in indigenous lands through the right of consultation. It is intended to discuss the importance of the right to consultation of indigenous peoples in the licensing process as an effective means to ensure the rights to information and participation, as well as to the as their collective rights in general. There is no consensus regarding the consultation of indigenous communities, seen in general as non-binding, which entails the only formal and non-effective guarantee of this right. Although it is not possible to defend an absolute linkage to the result of the consultation, it can not be seen only as a necessary rite for environmental licensing.
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