SOCIO-ENVIRONMENTAL IMPACTS OF THE JOSÉ BOITEUX NORTHERN DAM ON XOKLENG INDIGENOUS LAND

Authors

DOI:

https://doi.org/10.18623/rvd.v22.2716

Abstract

This article aims to identify the socio-environmental impacts of the José Boiteux Northern Dam on the Xokleng Indigenous Land in the state of Santa Catarina, as well as to propose guidelines to reconcile regional water security with the protection of Indigenous rights and climate justice. This study adopts a hypothetico-deductive method, based on bibliographic and documentary research and socio-legal interpretation to question the impact the construction and operation of the dam has had on the climate justice and human rights of the community. Built without environmental licensing or prior consultation, the project flooded roughly 900 ha of fertile land, increasing vulnerabilities and violating territorial rights; hence the premise that only participatory, sustainable solutions can balance flood control with Indigenous protection.The findings reveal loss of territory, biodiversity, and food security; isolation of the community; occurrences of conflicts during emergency dam operations; and a growing structural risk, with jammed floodgates and an elevated danger level after more than a decade of neglected maitenance. The study concludes that large hydraulic works implemented without Indigenous governane tend to reproduce injustices; flood-control policies must therefore incorporate nature-based solutions; free, timely, and informed consultation; and socio-environmental reparations to deliver genuine climate justice.

Author Biography

Elenise Felzke Schonardie, Universidade Regional do Noroeste do Estado do Rio Grande do Sul (UNIJUÍ)

PhD in Social Sciences from Universidade do Vale do Rio dos Sinos (UNISINOS), São Leopoldo/RS, Brazil. Master’s degree in Law from Universidade de Santa Cruz do Sul (UNISC), Santa Cruz do Sul/RS, Brazil. Graduated in Law from Universidade Regional do Noroeste do Estado do Rio Grande do Sul (UNIJUÍ), Ijuí/RS, Brazil. Permanent professor in the Doctoral and Master’s Program in Human Rights and in the undergraduate Law course at UNIJUÍ.

Published

2025-09-02

How to Cite

Schonardie, E. F., Stoll, S. L., & Kelner, L. (2025). SOCIO-ENVIRONMENTAL IMPACTS OF THE JOSÉ BOITEUX NORTHERN DAM ON XOKLENG INDIGENOUS LAND. Veredas Do Direito, 22(1), e222716. https://doi.org/10.18623/rvd.v22.2716