The deadline for submitting contributions to the draft resolution of the National Council of Justice (CNJ), which establishes guidelines to guarantee the right to free, prior and informed consultation (FPIC) of indigenous peoples, quilombola and traditional communities, ends on October 18th.
FPIC is a right provided for in the Federal Constitution and Convention 169 of the International Labor Organization (ILO), ratified by Brazil. It ensures that these populations are heard before the implementation of administrative, legislative, judicial measures or undertakings that may affect their territories, cultures, and ways of life or social organization.
The proposal of the CNJ establishes minimum guidelines for consultation to be conducted with respect, transparency and effectiveness, even in legal proceedings involving these communities. Among the main points are the prior identification of potentially impacted communities, compliance with their internal protocols and the joint definition of stages, dates and meeting locations, with adequate time for each phase of the process.
The text also provides for the training of magistrates and civil servers of the Judiciary, promoting a more sensitive action and aligned with the rights of these peoples, contributing to a more inclusive and culturally appropriate Justice.
Draft
The draft considers as beneficiaries of the Free, Prior and Informed Consultation indigenous peoples, quilombolas and traditional communities with self-attribution and cultural, historical or territorial ties. Also included are communities directly or indirectly impacted by actions that affect their ethnic, spiritual, economic or cultural integrity.
Contributions must be sent exclusively by electronic form. The public consultation rules can be consulted here.
Questions can be sent to
