PRIOR CONSULTATION AND MINING IN THE BRAZILIAN AMAZON: FOR A BINDING TREATY ON HUMAN RIGHTS AND BUSINESSES: por um Tratado de Direitos Humanos e Empresas

Abstract

This article seeks to demonstrate that the delay in approving a binding treaty on human rights and companies has accentuated their lack of international responsibility for human rights violations, as well as implying the advancement of mining business activities in the Amazon region and on the territories of indigenous peoples and traditional communities. This is because under the developmental bias, the right to prior, free, informed and good faith consultation is often summarily ignored for mining exploration in Amazonian countries and, especially in Brazil, where cases of violations of people's human rights and the insufficiency of responses in domestic law contribute to a reality of exploitation of nature and people.