ABSTRACT
This chapter provides an overview of the status and challenges to the protection of the rights of Indigenous Peoples to consultation and to Free, Prior and Informed Consent (FPIC) in Brazil. This chapter considers the current political and social context, namely the growing violence against Indigenous Peoples, land conflicts within the extractive sector, and the threats by the Brazilian Congress to suppress Indigenous rights. Based on the analysis of articles by experts on prior consultation and FPIC, as well as on human rights reports from various bodies, including the UN, the chapter suggests that Brazil has failed to implement both the right to consultation and the FPIC of Indigenous Peoples, to the detriment of their effective participation in decision-making processes. In response, Indigenous Peoples have sought to produce their own protocols for consultation, resistance, and survival.
