Socio-Environmental Rights From Critical Theory’s Perspective: The Demarcation Of Guarani´S Indigenous Land Morro Dos Cavalos And The Recategorization Of Serra Do Tabuleiro Park In The State Of Santa Catarina

• Autor(a) principal: Albuquerque, Leticia
• Data de Publicação: 2023
• Outros Autores: Biller Aparicio , Adriana
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS (Online)
• Texto Completo: https://seer.ufrgs.br/index.php/ppgdir/article/view/131244

The Brazilian Constitution introduced an ethical dimension for life´s commitment and a systemic view of the environment. It brought important conquests to indigenous peoples, recognizing the cultural, symbolic and environmental dimensions of their territoriality. There is a relation between the guarantee for the environment and the demarcation of indigenous territories. However, indigenous and environmental rights are seen as obstacles to the current development model, generating numerous socio-environmental conflicts. The main objective of this article is to investigate the existing conflict in the coastal region of Santa Catarina generated by the predominance of state actions that disregard both indigenous and environmental rights, despite all constitutional provisions. First, the construction of indigenous and environmental rights in the Brazilian Constitution will be presented in the universe of what has been called “new rights”, based on the demand of social movements. Then, the demarcation of the Guarani Morro dos Cavalos Indigenous Land (TI) and the difficulties generated by the government of the State of Santa Catarina in its implementation will be present. Afterwards, the approach will be on the recategorization of the Serra do Tabuleiro State Park (PEST), which is partly in the indigenous territory and points out, once again, the State as the propeller of rights´ineffectiveness. The discussion is based on the dialectical method, in the sense of operating with the analysis of logics that confront each other, contrasting the legislative advances that occurred in the Federal Constitution of 1988 with the adopted predatory and exclusionary development model, which does not recognize the cosmovision indigenous people and the right to the environment. Thus, in the final part, an analysis of the correlation between the development model and the ineffectiveness of constitutional rights will be carried out, reaching the conclusion, through this case study, through a bibliographical and documental review, that the State of Santa Catarina is protagonist of socio-environmental conflicts in the region. In this way, the State operates not only in contrary to socio-environmental constitutional formal rights, but also against a contemporary perspective of Ecological Justice, which defends the inseparability of the environment, human community rights and non-human nature.