Entity argues that the decree infringes on the Union’s competence to legislate on issues related to indigenous peoples and environmental protection
The Articulation of Indigenous Peoples of Brazil () filed a lawsuit at the Federal Supreme Court () seeking to challenge Decree 48,893/24, which was signed by the governor of Minas Gerais, . This decree allows for greater flexibility in economic exploration, including mining activities, in regions where indigenous communities live. According to Apib, the new standard compromises the right to free, prior and informed consultation, which is guaranteed by Convention 169 of the International Labor Organization (ILO).
The entity argues that this legislative change should be considered unconstitutional, as it would violate the fundamental rights of indigenous peoples. Furthermore, Apib emphasizes that the decree violates the Union’s competence to legislate on issues related to indigenous peoples and environmental protection. The organization argues that states and municipalities do not have the prerogative to reduce environmental protection guarantees, which are essential for the preservation of indigenous lands.
Governor of Minas Gerais has not commented on the case yet.
*Report produced with the help of AI
Published by Fernando Dias
