Environmental licensing and indigenous ethnodevelopment

Abstract

Given the demand for commercial productive activities within indigenous lands, this paper examines the legislation on environmental licensing for projects proposed by indigenous individuals or associations. Using the hypothetico-deductive method, it adressess the following research problem: is the current Brazilian legislation capable of regulating the environmental licensing of these projects? The study aims to assess the the need for establishing specific regulations for the environmental licensing of indigenous-led enterprises with a view toward promoting their ethnodevelopment. To this end, the research uses as theoretical framework both the doctrine regarding environmental licensing and indigenous rights, as well as the jurisprudence of higher courts on the subject, in addition to national legislation and official databases. The research delves into the context of indigenous peoples in Brazil, exploring the cultural specificities and socioeconomic conditions of these communities. The challenges faced by indigenous peoples in promoting ethnodevelopment on their lands through productive activities are discussed, particularly in light of the complexity of the environmental licensing process. Although some propositions advocate for the creation of specific norms to address the needs of these communities, the study concludes that the current environmental legislation is sufficient and adequate to address indigenous enterprises. Finally, the work highlights that, by correctly applying existing regulations, it is possible to ensure a balance between environmental preservation and the sustainable development of indigenous communities, respecting their cultural traditions and ensuring material equality in the environmental licensing process.