Licenciamento ambiental de grandes empreendimentos agrícolas e consulta prévia: o caso dos quilombos Cocalinho e Guerreiro, em Parnarama (MA)

Abstract

The scope of this research is the effectiveness of the right to Free, Prior, Informed, and Good-faith Consultation (FPIC) within the environmental licensing of large-scale agricultural projects in Maranhão, focusing on the Cocalinho and Guerreiro Quilombos in Parnarama (MA). The core of the study lies in the ineffectiveness of the state's Environmental Public Policy, which enables agribusiness expansion to the detriment of the fundamental rights of traditional communities. Methodologically, the investigation is guided by the perspective of historical-dialectical materialism and is characterized as qualitative research of a documentary and bibliographic nature, analyzing administrative processes of the State Secretariat of the Environment and judicial lawsuits. In the case of the Cocalinho and Guerreiro Quilombos, the results demonstrate that the environmental license was issued with severe legal nullities, based on an agreement signed with an association unrelated to the quilombola territory and ignoring the guidelines of ILO Convention 169. It is concluded that the non-observance of the FPIC generates the nullity of the licensing and deepens agrarian and socio-environmental conflicts, violating fundamental rights such as life, health, culture, and leisure of traditional communities.