The Federal Court in Cáceres (MT) granted an injunction to suspend the authorization for , in Mato Grosso, close to the border with Bolivia.
The land has around 200 Katitãuhlu indigenous people, of the Nambikwara ethnic group, and is located between the municipalities of Conquista D’Oeste, Nova Lacerda and Vila Bela da Santíssima Trindade. The indigenous people argue that mining has prevented the maintenance of the traditional lifestyle in the community and interferes with daily activities.
The request to suspend the authorization was made by the DPU (of the Union) and received a favorable opinion from the Federal Public Ministry.
According to the action, the operating license was granted irregularly by the State Secretariat for the Environment, dispensing with an Environmental Impact Study and Environmental Impact Report. Another point raised was the lack of consultation with the Katitãuhlu/Nambikwara indigenous people who occupy the region, as provided for in the ILO (International Labor Organization) convention.
The sentence recalls that Cooperlima (Cooperativa de Extraction de Metais e Pedras Preciosas de Pontes e Lacerda) had already been fined on August 14 for illegally exploiting indigenous land. “Currently, he obtains a license recklessly and without observing the legal procedures required to carry out mining research in the same area, where he previously operated clandestinely”, he indicates.
In the action, the Defender’s Office argues that simplified licensing ignores the context of humanitarian emergency and armed conflict in indigenous land and that any “minimally responsible” environmental impact analysis should have as its basic premise “the risk of capture of the licensed activity by the criminal networks that dominate the region”.
The decision states that it is plausible that the authorization will be used not only for mineral exploration, but as a means of circumventing inspection. This would be due to the undue legitimization of gold extracted from indigenous land based on the declaration that it had been removed by Cooperlima. “The transit of ore would thus be facilitated and practically impossible to monitor, due to the proximity to the aforementioned” indigenous land.
The court decision stipulates a fine of R$80,000 for the use of heavy machinery, R$10,000 for people carrying out mining activities or operating machines, R$10,000 for the use of light equipment and R$50,000 for every 100 grams of mercury or 1 kg of any other contaminating product.
If the decision is not complied with, Ibama (Brazilian Institute of the Environment and Renewable Natural Resources) and Funai (National Foundation of Indigenous Peoples) will have to seize the machinery and equipment used.
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