Abstract
The purpose of this article is to present argumentative elements of legal content that will contribute to a deepening of the debate on the growing attempt of private companies to carry out the Prior, Free and Informed Consultation processes in Brazil during environmental licensing process. Starting from the monitoring of consultation rights violation’s case judicialized at the national level, identifying the recurrent transfer of Brazilian State’s competence in consultation’s fulfillment with traditional peoples and communities affected by major infrastructure works, it goes through the normative foundations about its impossibility and exposes the international jurisprudence established on the subject. The thesis evidenced proposes to reinforce the unconstitutional state of affairs in socio-environmental matters - especially in guaranteeing the collective rights of peoples and traditional communities in Brazil - wich is capturing the State's duty and bringing negative impacts to the implementation and effectiveness of the right to Prior, Free and Informed Consultant and Consent in national territory.
Keywords:
Right to free, prior and informed consultation; ILO Convention No. 169/89; Environmental licensing; Private companies; Traditional peoples and communities