Etnodireito ambiental: conceito de comunidades tradicionais

• Autor(a) principal: Tambasco, Jose Roberto Fani
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Defensoria Pública da União (Online)
• Texto Completo: https://revistadadpu.dpu.def.br/article/view/483
• topic: Etnodireito Ambiental; Direito ambiental; Comunidades Tradicionais.; Environmental ethnic rights; Environmental law; Traditional Communities.

Human society has lived since time immemorial with conflicts of interest between different groups and social classes. The resolution of these disputes found in the science of Law an element of mediation. However, the construction of Law, as a consensual norm, is subject to reflecting the interests of politically predominant groups. Traditional Communities, historically minority groups, distinguished by the diversity of their cultures and social organization, have been building a collective awareness of the fundamental importance of their participation in this process of legal discussion. With regard to the protection and consolidation of their traditional territories, one of the main elements of resistance, in addition to the essential land law, is environmental law. In this sphere, we emphasize as an object of this article, the need to highlight, build and recognize the environmental Ethnodirect, as an element of legal resistance., Essentially because it represents the ethnic peculiarities of traditional communities in the establishment of social and environmental coexistence rules in the face of interests, nor always legitimate, of preservation and conservation of the environment. Presenting for this purpose a contribution to the discussion of the concept of traditional communities under the bias of environmental law