Como o comitê de bacia hidrigráfica pode contribuir para o protocolo de consulta e o instituto da consulta prévia como vetores de alcance da proteção multinível de direitos humanos para o povo Juruna, da terra indígena Paquiçamba, frente ao empreendimento minerador Belo Sun

Abstract

The Amazon has historically been marked by the impacts of mining enterprises. This thesis analyzes the multilevel protection of human rights in the reality of the Juruna (Yudjá) people, from the Paquiçamba village, in relation to the Belo Sun mining project, located in the Volta Grande do Xingu (PA). To contextualize the research, the Juruna people of the Paquiçamba Indigenous Land and their Consultation Protocol are presented, emphasizing it, together with the principle of Free, Prior, and Informed Consultation, as essential instruments for the guarantee of rights. The harmful effects of the mining enterprise are examined, problematizing the relationship between large-scale projects and the State’s inaction in responding to the community’s legal demands. Within the selected scope, the main conflicts and judicial proceedings involving the Juruna people and the company are analyzed, highlighting the dispute of jurisdiction in the environmental licensing conducted by SEMAS/PA and the judiciary’s stance, which prioritizes formal issues to the detriment of collective rights. To analyze this conflict, the impact of the decisions of the Inter-American Court of Human Rights on cases processed before the Federal Court of Altamira is addressed, with emphasis on relevant precedents. The findings reveal the Juruna people’s resistance in the face of judicial denials and propose jurisdictional dialogue aimed at creating a hydrographic basin committee for the Volta Grande do Xingu Project area, as an indispensable mechanism for the effectiveness of the multilevel protection of human rights.