REGIME JURÃ�DICO DE MINERAÇÃO, RACIONALIDADE ANTINATURA E NEOEXTRATIVISMO

Abstract

This work analyzes the mining legal system in Brazil associated with the historical understanding of the colonization process, from the transmodern perspective of Enrique Dussel and decolonial thougth in Latin America. Mining was guided by an instrumental reason of Eurocentric matrix, supported by the man-nature disjuction, as well as an universalist and objectifying view of enviroment.   Therefore, It have sought to confront this exploratory model with the assumptions of decolonial thinking and the proposal of overcoming from the emerging andean Latin America environmental constitutionalism. The discussion of mining under the poltical ecology in Latin America was deeppened, especially the contemporary theoretical developments by the neoextractivism concept and the new role of the State in the global commodity market. Next, the epistemological foudations of the mining regulation in Brazil and the proposals for legislative change in Bill 5.807/2013, Provisional Measure 790/2017 and Bill 191/2020 was anayzed. In the end, it can surmise that the exploitation model in the country keeps politically aligned with a ultraliberal and mercantilized dimension of nature, founded on an antinatura rationality.