Grubstake mining by third parties

The Federal constitution and common legislation are absolutely clear regarding the prohibition of grubstake mining by third parties on indigenous peoples’ lands. None of these clauses of the Federal Constitution , which seek to legitimate organized grubstake mining, are applicable to indigenous peoples’ lands, by a specific clause in the constitution.

The indigenous peoples' lands were expressly excluded from the norms of the constitution that seek to legitimate cooperatives of grubstake miners. Article 231, §7º, of the Federal Constitution states that ”The stipulations of Article 174, §3º and §4ºdo not apply to indigenous peoples’ lands".

The Constitution makes a clear distinction in the juridical treatment given to mining and grubstake mining on indigenous peoples’ lands. If on the one hand, mining by third parties is subject to specific conditions, on the other hand, grubstake mining on indigenous peoples’ lands by third parties is absolutely prohibited.