DEFICITS IN DEMOCRATIC GOVERNANCE IN BRAZILIAN MINING POLICY

case study on mining in the Kalunga Quilombola territory

Abstract

This article presents a case study on mining in the Kalunga Quilombola Territory to analyze the deficits in democratic governance within Brazilian mining policy. Grounded in theoretical frameworks of critical constitutionalism, the study seeks to answer: what is the (un)constitutional state of protection for the Kalunga community in the face of the absence of Free, Prior, Informed, and Culturally Appropriate Consent (FPIC) in the mining sector, and how does this omission affect the full exercise of their rights. The main objective is to instigate the study of constitutional ineffectiveness, evidenced by the lack of support for Quilombola communities and the near absence of proactive action by the National Mining Agency (ANM). The methodology involved a systematic review and a data survey of mining processes in the Kalunga region (Goiás) on ANM platforms and in private software, identifying more than 800 processes and 34 in the mining phase. The research concludes that the systematic lack of FPIC and a specific protocol for the Kalunga is a symptom of de facto deconstitutionalization, exposing the ineffectiveness of constitutional protection mechanisms against the pressure of extractive capital, making the implementation of integrated public policies that strengthen the Quilombola right to self-determination urgent.