CONSULTA PRÉVIA E LICENCIAMENTO AMBIENTAL NO PRÉ-SAL: UMA ANÁLISE DAS DEMANDAS SOCIOAMBIENTAIS INDÍGENAS

Abstract

This article analyzes the participation of indigenous social movements impacted by the oil and gas industry during Stage 4 of pre-salt licensing in the Santos Basin, focusing on their main demand: prior consultation. The research investigates how the guidelines for prior, free and informed consultation, as established by ILO Convention 169, were applied in relation to the effects and mitigation and compensation measures for affected indigenous communities. Using a qualitative approach, the study analyzes licensing documents, statements by indigenous representatives in public hearings, in addition to the actions of bodies such as IBAMA, Petrobras and the Public Ministry. The results highlight significant challenges in the effective implementation of prior consultation, indicating that this right has not been fully fulfilled in Brazil during the pre-salt licensing process. Indigenous voices, as communities argue, have not been adequately considered. The conclusions highlight the urgent need to improve indigenous consultation and participation practices, ensuring respect for their rights and environmental preservation in high-impact projects, such as pre-salt exploration.