The violation of the human, constitutional, and original rights of the Xikrin people due to the contamination of the Cateté River, resulting from the negligence of the mining company and state oversight

Abstract

This Undergraduate Thesis analyzes the violations of human, constitutional, and indigenous rights experienced by the Xikrin people of the Cateté territory due to heavy metal contamination in the Cateté River. This qualitative, descriptive, and exploratory research is based on environmental reports, judicial actions, institutional documents, technical studies, and academic literature examining the impacts of nickel mining in southeastern Pará, Brazil. The findings reveal the presence of toxic metals especially nickel, manganese, and aluminum at concentrations above legal limits, directly affecting the health of the Xikrin community, particularly children exposed to elevated contamination levels. The study also identifies losses in food security, territorial integrity, cultural practices linked to the river, and the sociocultural autonomy of the community. The legal analysis confirms that the case constitutes a structural violation of fundamental rights such as the rights to life, health, and an ecologically balanced environment and of the indigenous rights guaranteed by Article 231 of the Brazilian Constitution, aggravated by governmental omission and the lack of free, prior, and informed consultation. The study concludes that the situation demands full reparation, strengthened public policies, and effective measures of prevention and non-repetition.