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The regulatory decree establishes that environmental licensing carried out within the state that affects indigenous peoples, quilombola communities or traditional peoples and communities must comply with the Free Prior and Informed Consultation –FPIC, provided in Article 6 of ILO Convention 169.
The FPIC must be complied with when the following requirements are cumulatively present:
- Indigenous peoples recognized by the National Foundation of Indigenous Peoples, quilombola communities certified by the Palmares Cultural Foundation, traditional peoples and communities certified by the Minas Gerais State Commission for the Sustainable Development of Traditional Peoples and Communities; and
- The projects are located in the Area of Direct Influence, under the terms of Annex I of Interministerial Ordinance No. 60 of 2015 for the projects listed there. For projects not covered by the Ordinance, a radius of 3 km between the territory of the communities and the project must be considered.
The Normative provides for cases where FPIC is waived when there has already been consultation by an environmental licensing body on the same subject and when the populations are in a consolidated urban area, as long as the activity or undertaking is not within the limits of their land or territory.
For environmental licensing processes formalized prior to the date of publication of these regulations, these determinations will not be applied, however the entrepreneur of the activity that has already begun may adapt the consultation protocol to the determinations of the Regulatory Decree.
Finally, it is up to the Secretary of State for Social Development (SEDESE) and/or the entrepreneur to carry out the FPIC, depending on the environmental licensing initiative, and SEDESE will provide guidance on how to carry out the FPIC.
The decree came into force on 11 September 2024.
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