巴西最高法院放行原住民领地采矿，中资矿业合规窗口期仅两年

Brazil’s Supreme Court on Thursday (13) upheld a ruling by Justice Flávio Dino allowing Indigenous people to conduct research and mining activities on four Cinta Larga Indigenous territories, provided they comply with environmental, social, and legal requirements. The authorization will remain in effect until Congress passes legislation regulating the activity, within a period of up to two years. Climate prevention funds remain unused amid bottlenecks Shipping firms weigh drought surcharge as Amazon risks rise Dino issued his ruling in February 2026. The case had initially gone before the court’s virtual plenary for approval, but proceedings were halted after Chief Justice Edson Fachin requested that it be transferred to an in-person session. On Thursday, Fachin was the only member to partially dissent. He voted to recognize Congress’ failure to act on the issue but disagreed with some of the interim conditions established to allow mining. Justices Gilmar Mendes, Cármen Lúcia, Cristiano Zanin, Dias Toffoli, Nunes Marques, and Alexandre de Moraes joined Dino’s ruling. Luiz Fux and André Mendonça were absent with valid justification, although Mendonça had previously sided with the rapporteur in the virtual proceeding. The case was brought by an organization representing the interests of the Cinta Larga people in the states of Rondônia and Mato Grosso. They sought authorization to extract minerals from the region, arguing that Congress’ failure to regulate the activity prevented them from engaging in mining and benefiting from its proceeds. They also argued that their communities face threats from illegal miners invading their lands and violent conflicts linked to illegal mineral extraction. Without a regular source of income, they said, they are vulnerable to economic exclusion and structural inequality. During Thursday’s hearing, Dino reiterated his February ruling recognizing that Congress has failed to regulate mining by the Cinta Larga people, as required by the Constitution. He therefore gave lawmakers two years, starting from the publication of his February ruling, to establish the necessary regulations. Dino emphasized that the measure does not automatically authorize mineral extraction. Instead, it establishes interim rules for the activity, including prior consultation with Indigenous communities and the requirement to obtain authorization and environmental permits. It also limits mining to 1% of demarcated Indigenous territory and establishes rules for organizing Indigenous people into cooperatives and preparing land restoration plans.