Supreme Federal Judge Flávio Dino made a decision on Tuesday that could set a precedent: Brazilian indigenous people will now be allowed to mine in their areas. His argument: Indigenous people should no longer be victims but should benefit from mining.
So far, indigenous ethnic groups have suffered primarily from mercury poisoning caused by illegal gold prospectors in their areas. The criminals are often covered by local politicians. A legal loophole in the Brazilian constitution, which calls for regulation of the issue but does not contain it, encourages illegal activities, according to Dino. It’s about “eliminating gaps and omissions”. The Congress, i.e. the Brazilian Senate and Chamber of Deputies, must therefore adopt corresponding regulations within 24 months.
The “Cinta Larga” ethnic group from the states of Rondônia and Mato Grosso had been demanding approval for self-determined mining before the Supreme Court since 2005. According to the indigenous people, they suffered from violent clashes with illegal gold prospectors and from precarious income conditions.
The responsible judge, Flávio Dino, now decided in the case of the indigenous protected area “Terra Indígena Roosevelt”: Any income from mining would have to benefit the collective and go into better infrastructure, education and health as well as for the subsistence of the families.
A maximum of one percent of the protected area may be opened to indigenous-led mining and indigenous people within 10 kilometers of the indigenous protected area must be consulted before the activity begins. At the same time, the state must ensure the removal of all intruders from the indigenous protected areas.
Bolsonaro wanted exploitation with little indigenous participation
This approval of Indigenous protagonism is a response to recurring pushes to make mining in Indigenous areas possible for non-Indigenous people. “There are three trillion reais buried there,” said the ultra-right former President Bolsonaro in 2019 and wanted to allow exploitation under certain conditions the following year.
According to this legislative project, the indigenous people were given a say and a profit share of only 3 percent. When Lula became presidenthe withdrew the project.
Chief Federal Judge Gilmar Mendes introduced a new draft law in 2025 that provided for the mining of natural resources in indigenous areas even without their consent. Mendes later withdrew his proposal and the Supreme Federal Court annulled the regulation, thereby strengthening the indigenous position.
Flávo Dino will submit his decision to the plenary session of the Supreme Court for a vote. It could then be expanded to include other indigenous protected areas.