Danos socioambientais em terras indígenas: o estudo de caso da terra indígena São Marcos em Roraima

• Autor(a) principal: Modernell, Bárbara Daniella Lago
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/24092
• topic: dano socioambiental; socioambientalismo; terras indígenas; responsabilidade civil ambiental; direito internacional; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

With the unbridled growth of capitalism in Brazil, there was, in parallel, an increase in degrading activities provoked by non-indigenous settlers who are always in search of new territories for economic exploitation. When such environmental damage occurs, the environmental civil liability institute is used, which is characterized in assigning responsibility to an individual or individuals when there are evidences that croncretize the actions .However, it will be shown that indigenous land does not have the same characteristics as the occidental property model. In fact, it is characterized by being a “socio-environmental asset” in which land and indigenous people constitute the same element. Therefore, when conducting in conduct that causes damage to a particular indigenous land, it will be characterized as socio-environmental damage because at the same time as violating the right to a healthy environment, it is also violating the right to self-determination, territory, and life of these indigenous peoples. From now on, two general hypotheses can be pointed out: would environmental civil liability be a valid instrument of accountability and protection of indigenous rights? Are the forms of compensation provided in such an institute be sufficient to satisfy the specificities that an indigenous person has with their territory? The choice of São Marcos Indigenous Land was not by chance, as it has been the place of worst socioenvironmental damage in relation to the other 33 indigenous lands in the state of Roraima. Among these, the construction of the highway BR-174, in the 1970's, without prior consent of the communities belonging to this indigenous land, the creation of the municipality of Pacaraima disregarding its demarcation and homologation that had been carried out in previous years, and currently the duplication of this highway by the National Department of Transport Infrastructure. As for the methodology, this work uses the inductive method, because it will demonstrate, through an analysis of particular findings of the concrete reality of these controversies that involve this topic. From field research, carried out by the Extension Project of the Institute of Anthropology of the Federal University of Roraima, the non-directive or semi-structured interviews will analyze the socio-environmental damages that the communities belonging to this indigenous land are currently suffering. In terms of methodological procedure, this dissertation is divided into four chapters: I) São Marcos Indigenous Land in Roraima: stage of recognition and socio-legal conflicts; ii) Indigenous lands and Socio-environmental Law; iii) Socio-environmental damages in indigenous lands: mechanisms for the protection of the rights of indigenous peoples; iv) The new paths to effective conflict resolution.