Gold mining and tribal peoples: a study in the light of the understandings of the Inter-American Court and the Brazilian example

• Autor(a) principal: Pamplona, Danielle Anne
• Data de Publicação: 2021
• Outros Autores: Lopes, Fernanda Oromi, De Oliveira Bittencourt , Gabriel
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Homa Publica (Online)
• Texto Completo: https://periodicos.ufjf.br/index.php/HOMA/article/view/36068
• topic: Empresas e direitos humanos; Extração de ouro; Povos tribais; Business and human rights; Gold mining; Tribal peoples; Empresas y derechos humanos; Extraction del oro; Pueblos tribales

This paper aims to compare the practice of gold extraction in the Brazilian Amazon with the national and international standards of protection of traditional peoples. These peoples are often affected by economic activities that impact the environment, especially because of the specifics of their culture, which often has particularly close relationships with the environment in which they live. The hypothetical-deductive method was used, postulating that the country has not protected these peoples. To confirm the hypothesis, the conduct of the Brazilian state was compared with national and international normative frameworks for the protection of human rights and traditional peoples, identified in the decisions of the Inter-American Court of Human Rights and the Supreme Federal Court through the method of jurisprudential analysis. It was possible to observe that Brazil does not act in accordance with the standards dictated by the Inter-American Court and its own constitutional court, and thus tribal peoples remain on the margins of state protection and suffer from the negative impacts of gold extraction by mining companies and their byproducts. Even with the provision of binding standards of protection, these are routinely disregarded. Effective, not merely performative, actions are needed to guarantee the protection of traditional peoples and eliminate the risk of the country being held accountable before the Inter-American Court.