A dinâmica da política de mineração em territórios indígenas nos governos da nova república

Abstract

In 2020, the Brazilian Executive Branch introduced Bill (PL) 191/2020 to the National Congress, which was expedited under an emergency designation that same year. This legislative measure, designed to regulate mining activities within Indigenous Territories (ITs), was not the first government initiative on this issue, nor was it the first time that mining in ITs was discussed within the combined political agendas of the executive and legislative branches. Despite the lack of resolution on this political issue by 2023, it has been acknowledged by political authorities as a significant concern and has consistently been included on the agendas of the executive and legislative branches for the past 40 years, and more recently, of the judiciary. The issue has prompted numerous debates and conflicts over interests among parliamentarians most actively involved. Given the political and social significance of the topic, the principal aim of this study is to analyze the evolution and diversification of conflicts, strategies, and discourses related to indigenous mineral policy within the Legislative Branch since the enactment of the current Brazilian Federal Constitution. This research involved several stages of data review and categorization, focusing on legislative initiatives concerning the issue. The comprehensive dataset analyzed includes: 47 bills, 3 complementary bills, 2 provisional measures, 30 legislative decree projects, 1 constitutional amendment, and 167 parliamentary amendments from both the Chamber of Deputies and the Federal Senate. These initiatives were evaluated using the content analysis method as proposed by Bardin (1977). Additionally, the profiles of key political actors involved over time were scrutinized. The organization and analysis of the results employed the Advocacy Coalition Framework by Sabatier and Jenkins-Smith (1994), enhanced by the methodological approaches and reflections of Capano (2009; 2012) and Kay (2006) for conducting dynamic analyses of public policies. The analysis identified two advocacy coalitions that have significantly influenced the agenda on mining in Indigenous Territories over time. The first coalition, advocating for the maximization of mineral extraction in Amerindian territories, comprises political actors financed by the mining and agribusiness sectors; they oppose the demarcation of Indigenous lands and support illegal mining. The second coalition contends that mineral exploitation in Indigenous lands should incorporate stringent social, environmental, and economic preservation measures. Ultimately, the ideas and interests of these advocacy coalitions, actions by the Executive Branch, the institutional framework of the National Mining Agency, and Brazil’s international image, have been pivotal in shaping the variations and stalemates of this decision-making agenda within the Legislative Power over time.