Cultura, território e ambiente: uma análise jurídica da sobreposição de territórios quilombolas por unidades de conservação no Jalapão

• Autor(a) principal: Batista, Leonardo Matheus Barnabé
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• dARK ID: ark:/38995/0013000008474
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/9882
• topic: Direito agrário; Jalapão; Sobreposição; Cartografia social; Socioambientalismo; Unidades de conservação; Agrarian law; Jalapão; Overlapping; Social cartography; Socioenvironmental; Conservation units; CIENCIAS SOCIAIS APLICADAS::DIREITO

This Masters dissertation studies the existing land legal conflict about the overlapping of Conservation Units (UCs) in territories traditionally occupied by Quilombolas Communities. The overlap occurs, when, in the process of creation and institution of UCs, the territorial rights of communities that reside there are not fulfilled. The case in question will be confined to the conflicts between the quilombolas communities located in the Jalapão Region and the four conservation units that currently overlap their territory. The reading of the land conflicts under discussion will take place in three moments: (a) social cartography of quilombolas communities superimposed in the region, with an exposition of the reports, the vision on the overlapping situation and the cartographic maps elaborated with the communities; (b) analysis of the legal regulations of the specially protected areas created in the Jalapão Region, the environmental currents that underlie the modalities of UCs typified in Law n.o 9.985/2.000, and on the emergence of socio- environmentalism and its presence as an alternative to the classic models of environmental protection; (c) through the debate on quilombolas territorial rights in front of the overlapping of Conservation Units, facing the challenge of re-reading the mythical dualism between nature and culture through the legal analysis of quilombola territorial law in relation to environmental protection policies present in the creation of UCs. The methodology employed seeks to reconcile the proposal of the New Social Cartography Project and the data collected from the quilombolas communities in the Region of Jalapão, to focus and socio-environmental legal reading. There is a need for a new reading of environmental law that is eminently preservationist or conservationist, with the inexcusable inclusion of culture in its reading, following the concept of socio- environmental law.