A questão do petróleo em terras indígenas: uma análise constitucional à luz do desenvolvimento sustentável
Recognizing the need to preserve a national ethnic minority, the Constitution, inspired by the pluralistic values of the Constitutional Law State, stipulated a series of rights and guarantees for the conservation of indigenous cultural singularity, disciplining in article 231 the Indians right to...
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Formato: | Dissertação |
Idioma: | por |
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Universidade Federal do Rio Grande do Norte
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Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/13939 |
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Resumo: | Recognizing the need to preserve a national ethnic minority, the Constitution, inspired by the
pluralistic values of the Constitutional Law State, stipulated a series of rights and guarantees
for the conservation of indigenous cultural singularity, disciplining in article 231 the Indians
right to maintain their social organization, customs, languages, beliefs and traditions, as well
as safeguarding the rights to the lands they traditionally occupy, and the exclusive use of the
wealth existing in them, premise of ensuring their physical and cultural continuity, breaking
decisively with the paradigm the assimilation of the Indian national civilization. However,
despite the Indian policy of ethnic and cultural preservation, the Constitution allowed the
exploitation of minerals in aboriginal territory, incorporated herein hydrocarbons, provided
they meet certain predetermined requirements, leaving it to the legislature the discipline of
ordinary matter. However, this law has not yet been published, with some projects in the
National Congress, leaving thus precluding the indigenous subsurface oil exploration until the
enactment of enabling legislation. Meanwhile, this paper carries out an integrated analysis of
the constitutional protection of ethnic and cultural uniqueness of indigenous peoples,
Convention Nº 169 of the International Labour Organization and the bill presented by Deputy
Eduardo Valverde, in an attempt to consolidate sustainable development practices in the
sector, through developing a system of social and environmental responsible oil exploration,
aligning with national energy needs to maintain a balanced environment and preservation of
socio-cultural organization of a minority so weakened and beaten over five centuries of
domination |
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