O caso Gitxaala Nation vs Canada: atividades econômicas em terras indígenas e os parâmetros para a adequada consulta prévia aos povos originários

The article analyzes, based on the Canadian experience, the consultation procedures for indigenous peoples used in Brazil and their special importance in promoting dialogue in relation to research and mining of mineral resources in indigenous lands. The work proposes that the consultation should be part of a serious and committed process that really takes into account the concerns and fears of these communities. Although consent with veto power is a more protective measure of the rights of indigenous peoples, it cannot be considered an end in itself. Attracting the focus to the result individually considered can remove the dialogue that is so necessary for the pacification of conflicts. The work concluded that the consultation process cannot be limited to the accomplishment of a mere formality and that the characteristics pointed out in the Canadian decision present guidelines and parameters that can contribute to the improvement of the Brazilian legal system. The exploratory legal method was used, in addition to the hypothetical deductive method, with consultations on national legislation, foreign jurisprudence and specific bibliographic texts.