Communities' engagement in environmental impact assessment (EIA) in Brazil: A legal proposal to amplify the voices of those who are most affected and least heard

This Dissertation examines public participation in all stages of Environmental Impact Assessment (EIA) in Brazil through the lens of comparative analysis of EIA best practices in various countries and international institutions. Public participation happens at later stage of Brazilian EIAs. Therefore, it does not influence decision making on authorization of development projects. Several facts contribute to weak public engagement in EIA, such as lack of transparency, weak regulation, low quality of studies, lack of political will to make information accessible to all stakeholders. An actual case study, the Volta Grande Project, demonstrates in practice these fragilities. The Volta Grande is a mining project slated to be implemented in the area of influence of the internationally well known Belo Monte Dam. The case involves different social groups as well as several governmental agencies in the assessment of its impacts in a very delicate environment. It is a controversial project, which has divided communities in their opinions. Prosecutors filed legal actions questioning the social and environmental feasibility of the project and public participation was pointed as flawed. Therefore, EIA would be an important tool to foster meaningful dialog among all these involved actors, especially local affected communities. This study proposes moving participation to early stages of Brazilian EIAs in a process that would focus on educating and engaging communities to achieve their free, prior and informed consent (FPIC) on decisions of development projects. Currently, international and Brazilian law guarantees FPIC to indigenous communities. This dissertation proposes amplifying this right to all local affected communities under certain circumstances and for certain projects. It explores difficulties currently faced by local affected communities, such as poor communication and access to information, and proposes measures to overcome these weaknesses.