Is there corporate environmental responsibility in the economic exploitation of indigenous lands in Brazil?

Abstract

The Federal Constitution of 1988 gave the Indians in Brazil special rights over their lands, which came under the permanent possession and ownership of the Union, inalienable, unavailable, indefeasible, with the right to enjoyment according to the particularities of each people. These are considered the "lands traditionally occupied by Indians on which they live on a permanent basis, used for their productive activities, and indispensable for the preservation of environmental resources necessary for their well-being and for their physical and cultural reproduction, according to their usages, customs and traditions "(art. 231, & 1.). The Constitution regulated the exploitation of their natural resources, which can only be with congressional authorization and the consent of the people involved, and subject to profit sharing. These lands also have been protected by special legislation for their economic exploitation, environmental protection, sustainable development and ethnic development. It is noteworthy that the majority of indigenous lands in Brazil have higher levels of environmental conservation. Many of these lands today suffer from pressures on natural resources: minerals, water and forest resources, due to the economic development of the frontiers of the country (agriculture, livestock, forestry and mining) and to major governmental infrastructure projects (transport and energy ), causing serious social and environmental problems. What has been observed so far is that environmental legislation governing indigenous lands is little respected due to inadequate enforcement, and that there is neither corporate environmental responsibility shown by the operating companies, nor environmental responsibility on the part of the State. This is demonstrated in the article with specific examples that have affected and continue to affect indigenous communities in Brazil.