The (in)compatibility of mining exploration in the remaining quilombo territories with the current legal order

Abstract

This work aims to analyze the (in)compatibility of mining exploitation in quilombola territories with the current legal framework. To this end, it intends to present, from the terms of identity and territoriality, an academic conceptual perspective of these peoples. The article also analyzes the constitutional, infra-constitutional and international treaties that Brazil is a signatory to, which recognize traditional peoples and guarantee protection to quilombola territories and the environment. It also points out events that cause de-territorialization caused by capitalist production means through mining projects in these territories and the need for prior, free and informed consultation with quilombola communities for the granting of environmental licensing for the extraction activity. The method developed in three stages, through research and bibliographic review, in scientific journals, printed and digital books and specialized magazines, tends to present the formation of quilombola territories in the country, the legislative evolution and the territorial conflicts that permeate the discussion about the exploitation of mineral resources in these regions. It is demonstrated, in the end, that the remaining quilombo communities are being neglected by the public power and that mineral exploration, without observance of legal norms, has increased territorial conflicts in these communities.